Immunity, Independence and Accountability of Judges

An Islamic Law Perspective

Abstract

Judiciary is one of the fundamental pillars of the state. Immunity is indispensable for Judges to be able to judge independently. This work examines the various reasons for judicial immunity under Islamic law; what is the position of Islamic law on judicial immunity, judicial independence and accountability of judges? Whether judges would be liable for their wrong decisions if given intentionally or negligently? Who should be liable in civil and criminal cases for the wrong decisions of judges? Under what circumstances could a judge be terminated by the state? Whether immunity should also be extended to administrative, financial, executive and legislative functions of judges? Are laws enacted by a Muslim state to grant judicial immunity or immunity granted under judicial decisions in conformity with Islamic law? It is concluded that immunity for judicial as well as administrative, financial, executive and legislative functions of Judges is necessary for the smooth functioning of judicial work of judges.