The Diwan al-Maẓālim (Court of Grievances) by Hashim Kamali

This is an excerpt from the book ‘Citizenship and Accountability of Government: An Islamic Perspective’ by Mohammad Hashim Kamali. The maẓālim jurisdiction, which has already been discussed to some extent, originated in the notion that the principle of the rule of law can be compromised if the judges themselves, princes, ministers and powerful members of the community tried to circumvent the law, or violate and defy it for their selfish ends, in which case the Shari’ah courts may be powerless to bring them and their departments to book and enforce the court decisions on them. The need was therefore felt for the creation of a powerful jurisdiction that could apply more expedient procedures in the interest of accountability in government, especially with regard to disputes arising between the citizen and state. One of the basic objectives of the maẓālim jurisdiction was to subjugate the government itself to the rule of law and ensure that state organisations and men of authority and influence did not compromise the objectivity of justice and accountability in governance. Al-Rifa’i has … Continue reading The Diwan al-Maẓālim (Court of Grievances) by Hashim Kamali