காழி நீதிமன்றமும் நிர்வாக சீர்த்திருத்தமும்

Abstract

Dispensing justice is considered an ibadah, or act of worship, in Islam. It is a fundamental commandment outlined in the Holy Quran and exemplified by the Prophet Muhammad (SAW). Those who deviate from delivering the correct verdict, whether due to personal biases or ignorance, are admonished in Islamic teachings, with dire consequences for those who perpetuate injustice. Conversely, upholding justice is viewed as a means to attain paradise, highlighting its paramount importance in Islamic jurisprudence. Educating judges on the principles of Islamic law pertaining to justice is essential for enabling them to administer impartial justice effectively. Historically, early Arab Muslims who settled in Sri Lanka and their successors possessed expertise in this area, appointing knowledgeable individuals as Qazis to adjudicate matters of marriage, divorce, and disputes within the community. However, during the colonial period, the decline in Muslim education and cultural training posed challenges in finding qualified Qazi judges. The discussions surrounding the Muhammadan Marriage Act of 1886 in the Legislative Council revealed a lack of legal scholars in Ceylon capable of interpreting the legal provisions regarding divorce. Consequently, the establishment of the Qazi Court was initially avoided. Nevertheless, the enactment of the Muslim Marriage and Divorce Act of 1951 legalized the Qazi Court and mandated the appointment of Qazi Judges. At that time, minimum educational qualifications for Qazi judges were not stipulated; instead, candidates were required to be Muslim men of good character, social standing, and analytical judgment abilities.