Judicial Independence is a Cornerstone of a Fair Trial a Comparative Study between Islamic Law and the Jordanian Law on Judicial Independence

Abstract

This study adopts an integrative methodology that combines descriptive, inductive, and comparative analytical approaches to examine the frameworks of judicial independence and the guarantees of a fair trial in Islamic Sharia and Jordanian law. After establishing the conceptual foundations and investigating the safeguards that ensure judicial integrity, the study conducted a comparative analysis which revealed a fundamental convergence aimed at shielding judges from any external influence in order to secure justice. Despite the divergence of references—absolute divine authority in Sharia and constitutional authority in positive law—the research demonstrates that Jordanian legislation, in essence, is grounded in the general principles of Islamic Sharia.

The study concludes that judicial independence is not merely a legal principle but an existential necessity for the realization of justice. In Islamic Sharia, it is founded upon divine authority, which renders the judge accountable primarily before God Almighty, whereas in the Jordanian legal system, it rests upon constitutional and statutory authority, making the judge accountable before the Judicial Council and His Majesty the King. The findings further underscore that judicial independence in both systems seeks to uphold justice and safeguard rights, with Sharia and legal guarantees complementing one another in protecting judges from arbitrary dismissal or transfer, while ensuring their immunity and freedom in issuing judgments.

Recommendations and Suggestions:

The researchers recommend the following:

Studying judicial independence in different systems (Islamic, Western, and Asian) to identify similarities and differences and to learn from successful experiences.

An examination of the relationship between the judiciary and other authorities of government: an investigation into the extent of overlap between the judicial, executive, and legislative authorities, and its impact on justice.

Contemporary challenges: such as political, media, or economic pressures on the judiciary, and how to address them.

Therefore, it is suggested to strengthen financial independence, emphasizing the necessity of preserving the financial independence of the Jordanian judiciary. This would ensure its budget is completely separate from the executive authority, guaranteeing that financial resources are not used as a means of pressure or influence on judges' decisions. Furthermore, it is proposed to activate the role of the Judicial Council by granting it broader and more independent powers in managing judicial affairs, including appointments.