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Is the judiciary in Islam independent of the ruler such that it may hold him accountable and punish him if he neglects his duty or violates the Sharia?

1 min readAlso available in العربية

The judge must seek God's ruling and absolute justice, for the judiciary in Islam is independent, and no authority governs it except the authority of the Sharia. This independence prevents any interference from the ruler or others, based on Quranic verses such as: "And let not the hatred of a people prevent you from being just" and "And when you judge between people, that you judge with justice."

The independence of the judiciary in Islam is clearly demonstrated in several aspects:

1. Reliance on God's Law: The judge rules according to what God has revealed, which ensures his integrity from whims and desires, as in His (Allah's) saying to David: "O David, indeed We have made you a successor on the earth, so judge between the people with truth and do not follow [personal] desire, for it will lead you astray from the way of Allah." This is also evident in the Prophet's rejection of Usamah's intercession in the case of the Makhzumi woman and his affirmation that if Fatimah had stolen, he would have cut off her hand.

2. Separation of Powers: The Islamic state recognized the principle of separation of powers, which is represented in: The impermissibility of dismissing a judge without cause: This protects the judge from the influence of the executive authority and ensures his freedom in issuing rulings. The requirement of Ijtihad for a judge: The judge is obligated to follow his own Ijtihad in cases where there is no specific text, and if there is a text, he follows only God's law, which emphasizes his independence and the non-interference of any authority in his decision.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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