The third important change introduced was the complete separation of the Judiciary from the Executive by Hazrat Umar.
Keeping in view the importance, Islam attached to the principle of equality before law and its insistence on absolute fairness in the administration of justice, this separation of powers was considered absolutely essential.
Hazrat Umar felt this to be necessary from the very nature of things so that powers should be a check to power and, therefore, all powers should not be concentrated in one hand.
In addition to the above, Hazrat Umar also set up the institution of Juris-consults called “Ifta” to advise the executive, assist the judges as well as the lay public.
ADVERTISEMENTS:
This body consisted of capable Muftis who could give legal opinion (fatwas). They were not only legal advisers of the state but also a body which gave free legal aid to the lay public so that no one should suffer due to ignorance of law.
(d) The Umm ah has the right to supervise the rulers, since it is the source of their power.
(e) The ruler has the right to demand support from his people as long as he is just.
(f) The ruler has the right to be well-advised by his people.
ADVERTISEMENTS:
(g) The Ummah has the right to question and hold the rulers accountable for what they do. The rulers should also follow the will of the Umma.
(h) He who rules the Umma should provide his programme or plan in order that it may be aware of what he is doing.
(i) The Umma should not be ruled except by the laws that it accepts for itself. The rulers are only implementors of the will of the Umma. Liberty and sovereignty are thus the right of every individual.
(j) All people are equal before law with no difference between the powerful and the weak.
ADVERTISEMENTS:
(k) All rights of all people are to be preserved irrespective of their power or weakness.
(l) Balance should be maintained between the classes of the Umma. Rights are to be taken from the rich and given to the poor without being harsh or doing injustice to either. .
(m) There should be common feeling between the rulers and the ruled regarding their responsibility towards each other and towards society, always doing their best to improve its conditions and be aware that God is watching them.