International Journal of Business and Social Science Vol. 4 No. 2; February 2013 67 The Concept of Independence of Judiciary in Islam Ata ur Rehman PhD fellow Department of Usuluddin & Philosophy Faculty of Islamic Studies, National University of Malaysia (UKM) Bangi, Selangor, Malaysia. Dr. Mazlan Ibrahim Associate Professor Department of Usuluddin & Philosophy Faculty of Islamic Studies, National University of Malaysia (UKM) Bangi, Selangor, Malaysia Dr. Ibrahim Abu Bakar Associate Professor Department of Usuluddin & Philosophy Faculty of Islamic Studies, National University of Malaysia (UKM) Bangi, Selangor, Malaysia Abstract Independence of judiciary is a vital principle of the rule of law. Judiciary has been given a supreme and vast power in Islam. This article attempted to explain the basic concepts of Independence of the Judiciary, relations with Executive and Legislature in the light of the judicial system introduced by the Prophet Muhammad (PBUH) and his pious caliphs. There are no clear and specific instructions in Quran regarding the relations between the state organs in Islam but the conventions of the Prophet (PBUH) provide us with some guiding principles. It shows that the Head of the State is the supreme power in the state. As such he is the Chief executive and the head of the legislature as well as of the judiciary. However, the three departments operate independently and separately from each other under the supervision of the head of the state. He does not interfere in the people’s internal affairs but the final appeal or reference to any matter goes to him. Shafi‘i, Mālkīi and Hunbalī jurists are of the opinion that the appointing authority or caliph has no power to dismiss a Qadhi without any sound reasons. The most conspicuous characteristic of the judiciary set up by the Prophet (PBUH) was its impartiality. The social, political and religious status of any individual never influenced the administration of justice at Madinah. The concept of the independence of the judiciary in Islam has been elaborated by discussing the significance, Islamic ruling and the basic guiding rules for the independence of Judiciary. Key words: Independence, Judiciary, Islam, Justice, concept, Prophet, Quran. Introduction It is proven historical fact that man cannot live peacefully on this earth unless there is some coercive force to check his aggressive actions. The weak and the poor always suffer at the hands of the strong and the rich in society. Therefore, Allah sent the law with His messenger to guide the people to the right path of Allah and establish a system of justice to protect the rights of the weak in the society. All prophets and scriptures were being sent by God for the establishment of justice on the earth as Quran says: We sent aforetime our apostles with Clear Signs and sent down with them the Book and the Balance (of Right and Wrong) that men may stand forth in justice. (Quran, Chapter, 57: verse 25) Islam, therefore, has attached great importance to justice and to its smooth and impartial administration. Justice demands that it should be upheld in all circumstances even if it goes against own self. This paper attempts to discuss the concept of the independence of judiciary in Islam for the dispensation of impartial justice in human society.