The commission of error is inherent in human nature. This leads to commission of wrong that affects the rights of the people and sometimes causes breach of peace in society. The clash of interests creates disputes among them.

It requires an authority to decide their disputes. Hence, people resort to arbitrament so that peace and prosperity may prevail. This function adminis­tration of justice is called quad’ in the terminology of Islamic law.

The significance of administration of justice, being recognized by the civil societies and human reason, there is no need of stress­ing the point any longer.

For the Muslims it is sufficient to say that the Prophet himself decided the disputes among the litigant parties that appeared before him, awarded punishments to the defaulters and appointed deputies entrusting them with judicial powers.

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That is why ‘Umar b. al-Khattab in a letter to his qadi, Abu Musa al-Ash’ari categorically remarked: Administration of justice is a firm obligation and a practice being followed and to be followed.

Evaluating the significance of justice al-Sarakhsi thinks that it is one of the foremost duties after the belief in Allah and one of the highest forms of worship.

The Muslim jurists say that judicial work is a part of the great responsibility entrusted by Allah to human beings (al-wilayat al-Kubra). Hence the position of a qadi is supreme. ‘Ali b. Abi Talib is reported to have advised his governor of Egypt:

And confer upon him (the qadi) a high position which the nearest one to you cannot covet as it being beyond his capa­bility (Nahj al-Balaghah, XXII; 58).

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According to another statement of ‘Ali, reported by Shi’ite jurists, the function and position of a judge are evaluated as follows:

O Shurayh, you are occupying a seat where only a Prophet or his legatee (Wasiyy, nominee) sits, or one who is reprobate (M. Sangalaji; Qada dar Islam. 21).

Husain, his son, is reported to have said that in verse 38 : 20 the words ‘wa fasl al-khitab denote science of administration of justice, referring to the merit of the prophet Dawud.3

Commenting on the necessity and significance of administra­tion of justice, Ibn Farhun, a jurist, observed that the know­ledge of qada’ stands supreme among all sciences.

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The office of the qadi holds the highest position in the society since it is an office previously held by the prophets. It aims at deciding cases relating to murder, marriage, property and lawfulness and un­lawfulness of transactions.