Fair Judgement in Islamic Penal System

Among the justice-oriented characteristics of a penal code its having rules and regulations, the observing of which leads to the administration of justice by the judicial system. Due to its importance in the judicial system in guaranteeing the criminal justice, just judgement is highly suggested in Islam. Judgment is one of the attributes of the infallibles (p.b.u.t) and just Muslim ruler. Henceforth, manifesting justice in Islamic criminal justice system is one of the most important issues in Islamic criminal system. Using a descriptive-analytic approach, the present article aims at introducing the Islamic criminal system as a just system by analyzing the criminal Fiqh scripts and Imam Ali`s (p.b.u.h) criminal system of ruling and the narrations of the Ahl al-Bayt (p.b.u.t). Three principles of exemption, prohibiting the torment and the independence of the judge are discussed here.