Judge's assistants (أَعْوانُ القاضِي)

Judge's assistants (أَعْوانُ القاضِي)


أصول الفقه

المعنى الاصطلاحي :


Those whom the ruler appoints to assist the judge in carrying out his duties.

الشرح المختصر :


"A‘wān al-qādi" (judge's assistants): To undertake his judicial mission, the judge needs assistants to help him discharge his duties, whether in relation to a judgment that must be implemented, or to other missions that he needs help in performing. "A‘wān al-qādi" include the following: 1. "Khubarā’" (experts): they are those who have experience and whose assistance the judge seeks in issues that need some type of special research and are not included in the judge's field of specialty. An example of this is the forensic pathologist. 2. "Ahl ash-Shoora" (consultants): they are the Muslim jurists whom the judge may consult concerning the issue in hand and its pertinent ruling. 3. "Umanā’-us-sirr" (secretaries): they are the retinue of the judge, and they are those who keep his secrets and the details of his documents. 4. "Katabah" (scribes): they are the ones who write and record reports of all sessions and keep an accurate account of what takes place in the court. They also include "kuttāb al-‘adl" (notaries). 5. "Muhdaroon" (court summoners): they are those who usher the disputing parties and present them to court, and they are his deputies in implementing sanctions and collecting fines. 6. "Mutarjimoon" (translators): they are those who translate what is not in the judge's language and explain it. 7. "Shurtah" (policemen): they are responsible for ensuring the judge's safety, accompanying him, and guarding the court. 8. "Wukalā’ bil-khusoomah" (attorneys): they are those whom the judge authorizes to defend the litigant. 9. "Bawwāboon" (doormen) and "hujjāb" (ushers): they are those who allow the litigants, witnesses, and others into the court, and prevent those whom the judge does not want to enter from doing so. "A‘wān al-qādi" play a big role in the judiciary system. That is because the judicial session is a gathering of awe and respect. If the judge has no assistants, then perhaps people will belittle his status, and his prestige and honor will be lost. Another reason is that the judicial responsibilities and tasks are so many, especially with the numerous cases and their various natures. Based upon that, the judge's assistants should be religious, trustworthy, chaste, and honest.