In this article, we will learn about the technical aspects of the letter of Hazrat Umar Farooq R.A. Hazrat Umar Farooq, since his appointment as the second caliph of Muslims, took his charge vigilantly. From 13 A.H. to 23 A.H., the world saw a marvelous leader who set the foundations for the modern-day concept of good governance and public administration. Continuing “Al-Shoora” (consultation) as the root legacy of Islamic governance, Caliph Umar established his reign on solid foundations of justice. His rigorous communication with governors of other states under the Islamic empire facilitated the uniform application of rules and regulations. He was the epitome of righteousness and piousness. Thus he expected the same from governors of other states.
His governance principles are evident in the letters he wrote to governors. There are numerous letters from Hazrat Umar Farooq pertinent to driving good governance rules. Excerpts Of a letter from Hazrat Umar Farooq below:
Letter of Hazrat Umar to Abu Musa Ashari:
At various times, Abu Musa Ashari was governor of Kufa and Basra. He was the first appointed caliph of Basra after conquering Persian Empire. In one famous epistle of Umar bin Khattab (R.A.) to Abu Musa Ashari, Hazrat Umar stressed the mechanism of justice provided to the masses and the appointment of new judges. He starts his letter with advice about the importance of justice in Islam and establishes that “Qaeda” is a firm obligation. Then he guides us to understand the issue brought forward in the best way to issue a just verdict.
Another beautiful point raised was about equal treatment of both conflicting parties. Any gesture from the judge must not reflect the biases of the judge. He inscribed one significant rule in international and domestic law, too; the burden of the proof lies on plan tiff while the obligation of the oath is on the defendant and respondent. He said reconciliation is allowed between Muslims but only when reconciliation does not promote crime or inhibit a halal act.
Unique Law about Judgment: From The Letter Of Hazrat Umar Farooq R.A
Modern-day judicial settlements follow the doctrine of precedent, res judicata, and estoppel. However, Hazrat Umar Farooq’s letter established a unique estoppel law. It said that any judgment must not deter the judge from reviewing based on rationality and reasoning. Revising a decision to uphold truth is much better than letting the null and void continue. Unlike modern-day justice, the judge was advised to be perceptive, solely relying on “witness and evidence” but not the truth. However, the judgment must be strictly in line with the guidance provided by Quran and Sunnah.
Though a judge was allowed to use his senses and perception in a case where direct rulings from the Quran and Sunnah were unavailable, the final check of coherence with Islamic principles was necessary for every decision. In a letter from Hazrat Umer, Malik Ashtar has advised setting up a deadline for a complainant to produce evidence. The wisdom behind this order was to deliver timely justice.
The letter also mentioned some rules regarding witnesses. However, Hazrat Umar advised acting justly for all. But he instructed me to examine the quality of the witness. A person convicted of “hard” or has been found guilty of false witness previously or serves the personal interests of relatives and friends would not be trusted as a witness.
Lastly, he advised the chief, judge, governor, or person in command to be aware of his activities. He must not get angry or annoyed while providing justice to people. Since providing justice is one of the holy acts. A person faithful in his adjudication will get the highest rewards from ALLAH subhana hu wa tala in both worlds.
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