Volume 19, No. 2, 2022

Power Of Judicial Review And The Courts Of Muslim Rulers: An Analytical Study


Dr Naureen Akhtar , Attia Madni

Abstract

This article critically evaluates whether or not the power of judicial review was entertained by the courts during the era of Muslim rulers. To this end, this article appraises the criteria for exercising the power of judicial review including the concept of independent and impartial judiciary and the presence of the department of Wal? al-Ma??lim. This article inspects the dynasties where the power of judicial review was arbitrarily utilized to pinpoint the ups and downs in the application of the power of judicial review. This article describes the significance of judicial review by employing qualitative method of surveying the Islamic Jurisprudence. With this purpose, this article finds that all the actions of rulers, government, and executive were inspected by the court to verify the conformity of these acts with the injunctions of Islamic law. This study recommends the exercise of power of judicial review, in modern era, by the courts of Muslim states because it provides a way to the accountability of the government officials.


Pages: 9979-9988

Keywords: Judicial Review, Judiciary, Wal? al-Ma??lim, Islamic Law.

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