Whatsapp

" ADAB ALQADI ADAB AL‑QADI   By TANZIL‑UR‑RAHMAN M.A., LL.B., Advocate, Karachi   `Adab al‑Qadi' is a term that is constituted of the two words 'Adab' and `Qadi'. The word `Adab' literally means civility and decorum. It indicates modes of behaviour and discipline of the mind and manner in the conduct of one's life by which he is trained in any excellence or profession. It sets forth praiseworthy qualities and dispositions of a man in profusion and demands of him to shun those aspects of conduct that are evil. Lanes Arabic‑English Lexicon, London 1863, Book I, Part I, pages 34‑35. `Qadi' in common parlance, means a `Judge'. In modern legal context, the word `Judge' denotes a person or a body of persons officially designated as judge or judges, empowered bylaw to adjudicate and deliver, in any legal proceeding, civil or criminal, judgment, which is final if not appealed against. Pakistan Penal Code, 1860, S. 19. In Mujallah, Qadi has been defined as a person who is appointed by the sultan to adjudicate claims and disputes between people and parties according to Shara Ottoman Majallah; S. 1785:.' In Shara, a Qadi is a person who is appointed by the ruler to determine the disputed rights and liabilities of the litigants, civil or criminal, and to adjudicate in the matters of marriage, divorce, maintenance and inheritance, to look after the interests of orphans and to manage public trusts. The term "Adab al‑Qadi", as a whole, therefore, means the etiquette and the rules of discipline or code of conduct, which a judge has to maintain in the performance of his duties as, a judge.   Islam in the first and foremost place, enjoins a Qadi to administer justice. "And when ye judge, between men, judge…