Complaints in Islamic Political Life

This research discusses the issue of grievance (Mazalim) in Islamic political life and it was divided into an introduction, a preface, four chapters and a conclusion. In the preface, I talked about grievances (Mazalim) in Islam in language and according to its definition. I also clarified the types of grievances, as well as the work that the Grievance Bureau (Diwan Al-Mazalim) carries out, the reason behind its establishment and its relationship with the Hisbah System. I further distinguished between the grievance jurisdiction and the normal jurisdiction. In the first chapter, I discussed the history of grievance jurisdiction (Mazalim jurisdiction). This chapter included four parts, in the first part, I talked about the emergence of grievance jurisdiction in the time of Prophet Muhammad, peace be upon him, as well as in the time of the four Righteous Caliphs (The Rightly Guided Caliphs), and the Umayyad and Abbasid Periods. In the second part, I explained legislative basis of grievances (Mazalim), while in the third part I talked about the importance of returning back those grievances to their owners. In the fourth part I explained the general principles that govern grievance jurisdiction (Mazalim Jurisdiction). In the second chapter, I explained the tasks of the Mazalim high officer (Nazer Al-Mazalim) and his authority. The chapter consisted of four parts, in the first one I talked about the Mazalim high officers judicial and non-judicial specialization. In the second part I explained the qualifications and features that the Nazer must possess in order to be appointed in this position. While in the third part I talked about the time, place and quality specialization that the Mazalim judge must possess. Finally, I talked about the authority of grievance judge and his power. The third chapter, however, included the discussion of grievance court (Mazalim court) which also included four parts. In the first part I talked about the board that specializes in discussing and considering the mazalim, as well as the structure of this board, its administrative organization, the place where it is held, the settlement between the disputing parties and the legitimacy of such courts. In the second part I talked about the temporary procedures that are followed in considering and addressing the mazalim. In the third part, I explained how the mazalim are presented in front of the court, while in the fourth part I discussed the nature of the case (Mazlamah) when it is being appealed to the grievance judge. In the fourth chapter, I discussed the issue of mazalim in the positive law ( Law set by humans to govern and regulate their life). This chapter included two parts. The first part talked about the institutions that correspond or resemble the mazalim jurisdiction in Islamic Law, while in the other part I explained the right to present grievance in Islam. Among the results are the following: 1.Mazalim authority is not a judicial job and it is not one of the jobs of the executive authority, but it has a double nature that combines both judicial and executive authorities. 2.Diwan Al-Mazalim addresses issues and cases that normal jurisdiction cannot handle which generally occur between people from the government and the public. 3.Islamic Law (Sharia) has guaranteed the right for any person to appeal and allowed for a fair and just settlement of disputes between people in front of the court in which punishment and law are enforced on everyone without any bias towards any individual or group. Recommendations: It is important to establish a special bureau for grievances (Diwan Al-Mazalim) that would guarantee that those who have been victims to injustice are being given their rights and that those who have practiced injustice are punished.