The basis of the Judiciary is set in three principles :

1) That the application of the Islamic judgement on each and every issue is obligatory,.

2) That it is forbidden to follow any Shari‘ah other than Islam, and.

3)Any Shari'ah other than Islam is kufr (disbelief) and taghut (falsehood).

It is within the framework of these that the Judicial System of the Islamic State operates, and it is based around these that the definition of the judiciary (‘al-Qadha’) is established from the Shari‘ah.

Thus, the definition and purpose of the judiciary is, “to allow the legitimate judges to provide the opinions about the divine rules on any situation, with the authority to enforce them.”.

Evidences for the Legitimacy of the Judiciary The foundation of the judiciary system and its lawfulness are derived from the Qur’an and the Sunnah. As for the Qur’an, Allah (swt) says,.

“But no, by your Lord, they will not believe (in truth) until they make you judge of what is in dispute between them and find within themselves no dislike of that which you decide, and submit with full submission.” [TMQ 4:65]. “Lo! We reveal unto you the scripture with the truth, that you may judge between mankind by that which Allah has shown you.” [TMQ 4:105].

“So judge between them by whatever Allah has revealed, and follow not their desires away from the truth which has come to you.” [TMQ 5:51].

These ayat clearly indicate that it is legitimate to judge between the people and indeed that it is fard (obligatory) to do so, referring only to the system of Allah (swt).