In an Islamic law court only one judge is responsible for any trial. He has the authority to pronounce judgements based on the Qur’an and Sunnah. Other judges may only advise or assist, if requested to do so by the presiding judge.

Islamic punishments can only be administered when the evidence is proven to be definite and all relevant conditions are met (for example four witnesses to prove adultery). If there is any doubt over the evidence the whole case is thrown out.

There are three types of judge in Islam :

1) Qadi ‘Aam - responsible for settling disputes among the people, e.g. everyday issues over land, car crashes, accidents etc.

2) Qadi Muhtasib - Responsible for resolving disputes that arise between the Ummah and any people who harm the society at large, e.g. shouting in the streets, cheating in the market etc.

3) Qadi Madhaalim - who deals with disputes between the people and the State officials. He can dismiss any ruler or government official, including the Khaleefah.

The second Khaleefah ‘Umar ibn al-Khattab (Amir of the Muslims between 634-644 CE) was the first to set up jails and prisons in Makkah.

Under the Judicial System, every person, Muslim or non-Muslim, male or female, defendant and accused has the right to appoint a representative or proxy.

There is no distinction between civil and criminal courts as we see today in Muslim countries, e.g. Pakistan where both parts of Islam and parts of kufr are applied. The Islamic State will only use the sources of Islamic law, i.e. the Qur’an and the Sunnah (and whatever derives from them), as its reference.

Islamic punishments will be executed without delay or hesitation. No-one is to be punished except by a rule of court. In addition, any means of torture is not permissible.