ABSTRACT
Stemming from the strong emphasis on justice in Islam, the principle of an impartial and independent judicial system emerged early in Islamic history. Scholars and jurists like Abu Hanifah recognised that a strong judiciary that did not have to bow to the government's wishes was essential to a political system based on the rule of law. Apart from Islam, there were also advocates of judicial independence in Chinese and other Asian civilisations, fudicial practice in Islamic and Asian history did not always conform to the principle; but a reminder of the importance of that principle in our cultures is relevant today, when governments in some Asian countries exercise pressure upon judges to pass judgement according to their wishes. This essay appeared in JUST Commentary (No. 31, September 1996) and the Australian Islamic Review (Vol. 1, Issue 21, August 1996).
