Islamic State Study and Position Paper on Internal Structure and Functioning of the Judiciary

In the name of God, the Compassionate, the Merciful

Proposal to develop the mechanism of work inside the Islamic courts and make document archives for them.

Presented by the office of specialist investigations and studies


Experimental copy

Aims of the plan or study

1. Unite and facilitate work and improve it inside the courts of the Islamic state

2. Preserve documents and cases from loss and tampering and not destroying and avoiding the repeated errors into which the employees fall.

3. Facilitating the matter upon the citizens or claimants and employees through realizing streamlining in work and reaching flexibility in undertaking the assignments entrusted to every employee in order to realize the desired aims.

4. Quickness of decision in the cases brought forth and not delaying upon claimants in their cases.

5. Connecting all the Islamic courts with each other through a central structure represented by the Diwan al-Qada wa al-Madhalim through a united system of work.

6. The ease of obtaining information and quickness of extracting information and investigating it through the work of document archiving to record the data of the different cases.

7. Quickness of notifying the Diwan of rulings issued in some of the important cases and how to implement the ruling in them.

8. Notifying the Diwan of daily problems the courts, judges and workers in them face for the sake of finding quick and root solutions for them.


The Administrative Structure of the Court

Head of the court

Judiciary divisions

[going from left to right]

Judicial Police office
Notifications and subpoena
Prison and guarantees
Guarding

Office of the administrative official
Financial department
Bailiffs
Reception

Record office
General recording
Archive

Department of prosecution and interrogation
Prosecution office
Interrogation office

General judicial division
Department of hudud and criminal punishments
Department of financial transactions
Department of family affairs

Administrative judicial division

Military judicial division

Grievances judicial division

Explanation and details:

Divisions and offices:

The administrative organisation is reckoned from the highest to the lowest as follows: Divisions, then Offices.

First: the Divisions:

a) Judiciary divisions: and there are included under it four divisions. Each of those divisions has a specialised judge for it and they are as follows:

. Grievances Judiciary
. Military Judiciary
. Administrative Judiciary
. General Judiciary, and the general judiciary is divided into: Division of Family Affairs, Division of Financial Transactions, Division of Hudud and Crimes.

The responsibility of these divisions is to issue the definitive rulings for the cases that are referred to them.

There may be in the court one judge or more according to the possibility and specialisation.

b) Division of prosecution and investigation: and it is composed of two offices

Prosecution office: responsible for classifying the case in law and it is of higher rank than the office of investigation.

Office of investigation: responsible for investigation of the circumstances of the case and referring a statement on it.

Completion of the explanation and details:

Second: the offices

a) Office of recording: responsible for archiving of the different cases and recording the process of the case inside the course. It is composed of:

General recording: responsible for recording the process of the case, tracking it, and organizing its papers.

Archive: responsible for archiving the cases and preserving them.

b) Administrative official office: responsible for administrative and financial affairs connected with the court and it is composed of:

Financial department: everything concerned with financial affairs for the court from expenditures and revenues and the like.

Bailiffs: organizing and administering the bailiffs particular to the different divisions and offices.

Reception: recording activity of entry and exit in the court.

c) The office of the Judicial Police: responsible for recording and summoning and implementing the orders and rulings and supervising them and it is composed of:

Notifications and subpoena: summoning, recording and issuing subpoena for those wanted by the court.

Prison and guarantees: tracking the prisons, guarding them and recording what is concerned with them from guarantees, cases and the like.

Guarding: securing the court and securing the procedures of implementing the rulings.

Employee structure of the court

Head of the court
Division judge
Judicial assistant

[from left to right]

Police director
Court usher
Prison and guarantees official
Guarding official

Administrative official
Reception employee
Bailiff
Financial official

Registry director
Archive official
Broadcasting and connections official
Clerk official- clerk
Documents official

Prosecutor
Investigator

Explanation and details:

Jobs and tasks

The employment organization is reckoned from the highest to the lowest according to the preceding arrangement for the divisions and offices.

1. The jobs and their tasks according to the divisions:

1. Head of the court (the judge): appointed by the head of the Diwan al-Qada wa al-Madhalim and his task is to judge on disputes referred to him and to issue the final rulings on them.

2. Division judge: appointed by the head of the Diwan al-Qada wa al-Madhalim and his task is to settle the disputes that are referred to him and to issue the final rulings on them.

3. Judiciary assistant, appointed by the head of the Diwan al-Qada wa al-Madhalim and his task is to accompany the judge so as to learn from him and be trained at his hands and some of the cases may be referred to him to rule on.

Explanation and details

4. Prosecutor: appointed by the head of the Diwan al-Qada wa al-Madhalim or judge of the wilaya and his tasks are:

. To prepare the cases from the outset and take the claimant’s statement and record the extent of the seriousness of his case and the type of the case and the extent of its important.

. Order to summon, fetch or subpoena the defendants.

. Order to summon persons wanted for testimony.

. Specifying the investigator who is responsible for investigating the case and order to observe, discover or externally inspect if the matter requires.

. Set the particular layout of the case in which the summary of the case will be written and refer the case to the specified judge according to the type of the case.

5. The investigator: appointed by the head of the Diwan al-Qada wa al-Madhalim and his tasks are to:

. Study the case referred to him and to see the prosecutor on the case to understand what matters pose difficulties for him.

. Take affirmations from the defendant and the witnesses.

. He is not to summon any new party in the case except through the prosecutor in the event he wants that.

. Investigating the circumstances of the case and referring a comprehensive statement on them to the prosecutor.

Completion of the explanation and details

Second: the jobs and their tasks according to the offices:

1. Registry director: appointed by the judge of the wilaya and his tasks:

. Manage the recording and what follows it from offices and employees.

. Track the process of the case and to give it a special number before its entry to the court in the general cases register and recording the data of the case on the front of a case compilation.

. Setting the dates of review and dates of meetings after seeing whom it may concern from judges, investigators, prosecutors and informing the relevant parties of that.

a) Documents official: appointed by the director of the registry after seeing the wilaya judge or head of the court and his tasks are:

. To have all the documents and forms and recordings that concern the case inside the court and making available what the different divisions and offices of the court need.

. Arranging the documents inside the case compilation and recording the case number and its type on them.

Completion of the explanation and details

. Adding the required forms inside the case compilation before their referral and beind directed to the next stage.

. Transferring the case compilation to the office, division or employee concerned or to whom the case is directed.

. After the end of the case, he makes sure all the documents of the compilation are complete and all their data. Then he hands it to the archive.

b) Clerks official: appointed by the director of the registry after seeing the head of the court and his tasks are:

. Writing the data of the claimant for the first time in good handwriting and giving it to the case compilation.

Completion of the explanation and details

c) Broadcasting and connections official: appointed by the registry director after seeing the head of the court and his task is:

. To transfer the documents and necessities between the different divisions and offices and realizing the active contact between them.

. Calling on those waiting in the square and ordering them to head to the office or division that requires them.

d) Archive official: appointed by the registry director after seeing the head of the court, and his task is:

. To be sure of the completeness of all the data concerned with the case and record it in the archive registry.

. Archiving the cases and organizing them and preserving them from loss.

2. General administrative official: appointed by the wali or amir of the area and his tasks are:

. To administer what is affiliated with him from employees and offices and making available what the court needs from necessities and doing necessary maintenance of them.

a) Financial official: appointed by the wali or amir of the area and his tasks are:

. Responsible for the court’s treasury and what concerns it from expenditures and revenues.

Completion of the explanation and details

b) Bailiff: appointed by the general administrative official after consulting the head of the court and his assignments are:

. Regulating the movement of entry and exit from and to the division or office for which he is responsible.

c) Reception employee: appointed by the general administrative official after consulting the head of the court and his assignments are:

. Regulating the movement of entry and exit from and to the court and preventing the entry of weapons while numbering them and handing them over to their owners on exit.

. Receiving the claimants and directing them to the divisions and offices that they wish.

. Making sure of obtaining of the data form of the claimant with complete data and likewise obtaining the case compilation from the writers in the event that the case is for the first time.

3. Police director: appointed by the wali and his assignments are:

. Managing offices, employees and guards affiliated with him and what is concerning with them.

a) Official of summons and sub-poena (the court usher): appointed by the police director after recourse to the wali and his assignments are:

. Taking the summons notice from the police director and informing the people wanted for summons while taking a signature from them or from whoso represents them in receipt.

. Informing the registry office in the event the summoned is found to be away for a long time while defining it.

Completion of explanation and details

. Taking the notification of bringing and subpoena from the police director with the patrol for subpoena of those wanted to appear before the court.

. Writing the record report in the event of fetching and subpoena.

b) Prison and guarantees official: appointed by the police director after referral to the wali and his tasks are:

. Recording the movement of entry and exit of the prisoners from and to the prison, relying on official papers and recording their data in the registry particular to them.

. Recording the guarantees of the prisoners in the registry particular to the guarantees and preserving them from loss.

. Supervising and tracking the activity of putting the accused before the judge or in the event of their being sent to a court or other party of consideration or in the event of implementing the rulings.

c) Guarding official: appointed by the police director after referral to the wali and his tasks are:

. Supervising and tracking guarding and making a schedule timetable for alternation of guarding of the court.

 Specimen forms particular to the work

1. Form of the personal information form particular to the claimant.
2. Form of report of interrogating a claimant.
3. Form of report of Hisba witness testimony.
4. Form of report of interrogating a witness.
5. Form of requesting medical expertise or another expertise.
6. Form of compilation of the case.
7. Form of summoning procedures.
8. Form of appointing for investigation.
9. Form of appointing for discovery and examination.
10. Form of report of recording or inspection.
11. Form of initial response of the defendant.
12. Form of report of interrogation of defendant.
13. Form of report of interrogation of the one witnessed in the Hisba.
14. Forms of the particularised cases or summary of the case.
15. Form of referral for review.
16. Form of judicial referral.
17. Form of conciliation document.
18. Form of written pledge.
19. Form of notice on giving date for litigation.
20. Form of document ruling.
21. Form of means of ruling.
22. Form of Shari’i evidence.
23. Form of means of implementing the ruling.
24. Form of judiciary of judges.
25. Form of attachments.
26. Form of judicial response.

Explanation and details

27. Form of case attachments.
28. Form of order to implement the ruling.
29. Form of notification of implementation of ruling.
30. Form of case compilation.
31. Form of decision to implement ruling.

Explanation and details

1. Notice of notification of attendance of defendant.
2. Notice of notification of attendance of claimant.
3. Notice of notification of witness.
4. Notice of fetching and subpoena.
5. Notice of call to litigation particular to the claimant.
6. Notice of call to litigation particular to the defendant.
7. Notice of call to litigation particular to the minor’s guardian.
8. Notice of call to litigation particular to the witness.
9. Review card.
10. Personal card.
11. Card of notification of date of litigation.

1. General registry of cases.
2. Incoming registry.
3. Outgoing registry.
4. Registry of receipt of mail.
5. Prison registry.
6. Registry of guarantees.
7. Registry of pledges and documents.
8. Registry of personal cards.
10. Registry of orders of implementation.

Situations of the case

First situation: that the case should be for the first time

[as circular figure clockwise]

1. Clerks
2. Reception
3. Registry office
4. Prosecution office
5. Registry office
6. Investigation office
7. Prosecution office
8. Registry office
9. Judge’s office
10. Registry office
11. Judge’s office
12. Registry office

1. Clerks

The first step the claimant does is to go to the clerks present in front of the court in order to fill a form of personal information particular to the clamant and obtain the case compilation and insert the form inside it.

[diagram]

1. The claimant heads to the clerk.
2. He fills in the form form of personal information particular to him.
3. He places the form form inside the case compilation.
4. Then the claimant heads to the reception employee.

2. Reception

The reception employee confirms that the claimant has indeed obtained the case compilation inside of which is the form of information with filled in data, then he transfers him to the registry office.

[diagram]

1. The reception employee confirms that the claimant has indeed obtained the form of personal information particular to the claimant. The case compilation.

2. Then he directs the claimant to the registry office.

3. The Registry Office (first: the registry director)

. He gives the case the number particular to it, recording the data of the claimant inside the general registers of the case according to the form of information inside the compilation.

. He writes the case number and name of the prosecutor on the part particular to that on the front of the case compilation.

. And if there is not enough time for the prosecutor to hear the case the registry director preserves the compilation and gives the claimant a referral card for another day.

. And if the case will be referred to the prosecutor, he gives the case compilation to the papers official then the claimant heads to the waiting square.

[diagram]

1. He writes the data of the claimant and gives him a number for the case inside the general registry of the cases.

2. He writes the name of the prosecutor and the number of the case on the case compilation.

Number particular to the case.
Prosecutor’s name: Abu So-and-So

3. In the event there is not sufficient time he gives the claimant a referral card for another day.

4. Then he preserves the compilation with himself.

5. And in the event there is sufficient time he gives the compilation to the documents official.

6. Then the claimant heads to the waiting square.


3. Registry Office (second: documents official)

. Form of report of interrogation of claimant, form of report of Hisba witness testimony, form of report of interrogation of witness, form of classification of case, form of summoning procedures, form of assignment for investigation, assignment for discovery and examination, form of referral for review.

. He organises the documents in an organised sense inside the compilation and numbers them with the number of the case and bores them with it in the organization, then he refers them to the prosecutor whose name is indicated on the case compilation through the connections official.

[diagram]

1. The documents official adds the following forms and organizes them and numbers them with the case number:

Form of report of interrogation of claimant, form of report of Hisba witness testimony, form of report of interrogation of witness, form of classification of case, form of summoning procedures, form of assignment for investigation, assignment for discovery and examination, form of referral for review.

2. He places the forms and bores them inside the case compilation: Abu so-and-so (The prosecutor: Abu so-and-so).

3. Then he gives the compilation to the connections official.

4. Who gives the compilation to the prosecutor.

4. The Prosecution Office.

. The prosecutor should have the same forms that are placed for him by the documents official and he can add what is required if he wants, provided that he does not break any document from the compilation and when he adds new documents, he bores them with the document required to be added to them, so long as the used or added paper is from the blank registers specified for that.

. He should not break the compilation or change the organization of the papers.

. He should add the form of the request for medical or other expertise and fill it in if required.

. He should fill in the forms particular to the forms of interrogation (interrogation of the claimant, interrogation of Hisba witness testimony, interrogation of a witness).

. He should specify the type of case and its matter and the degree of its importance through the form of classification of the case.

. In the event that the prosecutor thinks that the case does not require summoning of the defendant and he wants to reject the case, he writes a form of the classification of the case with the obligation of mentioning the reason of rejecting it and writes a form of referral for review to specify the relevant judge and from there refer it through the office of connections to the registry office. This office sends the case to the judge in order to certify its rejection or take the appropriate decision. Then it is turned to the registry office through the connections official to close the case file.

. In the event that the prosecutor decides to summon or fetch and subpoena relevant persons, he defines their names through the part particular to that in the form of procedures of summoning.

. The prosecutor sets the relevant investigator to whom the case will be referred through the part particular to that in the form of appointment for investigation and in the event that the matter requires external investigation or sending someone to uncover, examine or inspect, he writes a form of assignment for uncovering and examination.

. He orders the claimant to go to the waiting square until the registry office calls for him.

. The prosecutor has the right to see the judge and consult him and inquire about what he needs from data concerning the case.

. He sends the case to the registry office through the connections official before beginning to review any another case to do what is necessary.


Explanatory diagram

The Prosecutor: Abu So-and-So

1. If some report is required, he adds the form form for requesting medical or other xpertise, then he orders the claimant to go to the relevant party.

2. He fills in the forms particular to the forms of interrogation: interrogation of the claimant, interrogation of Hisba witness testimony, interrogation of a witness.

3. He specifies the type and importance and matter of the case in the form for classifying the case.

4. If he decides to reject the case, he should mention the reason for rejection through the form for classifying the case.

5. Then he defines the relevant judge through the form of referral for review.

6. Then he gives the case to the connections official to convey it to the registry office.

7. He summons or fetches and subpoenas whomsoever he wishes through the form of summoning procedures.

8. Then he sets the internal or external investigator through the form of appointing for investigation, the form of appointing for uncovering and examination.

9. Then he orders the claimant to go to the waiting square.

10. [repetition of 6]

5. Registry Office (first: director of the registry)

. He records what concerns him from data in the general registry of cases.

. He writes notices of summons, fetching and subpoena for the persons defined by the person in the form of procedure of summoning, and likewise setting the meeting date to hear the defendant according to its importance through a mechanism of summoning specified subsequently.

. He calls on the claimant to give him a referral card to return again on the condition that the date of the referral be in the same date of the meeting to hear the one summoned. He transfers the compilation to the documents official.

[explanatory diagram]

1. The registry director completes the data of the case inside the general registry of cases.

2. He reads the form of the summoning procedures.

3. Then he writes the notice of notification of attendance of defendant, notice of notification of witness, notice of fetching and subpoena. The dates of notices of summons and fetching are set according to the mechanism of summoning that will be explained subsequently.

4. The claimant makes a request through the connections official. Then the registry director gives the claimant a referral card for another day.

5. Then he gives the compilation to the documents official.

6. He gives the notices to the connections official.

7. Who hands them over to the police director.

5. Registry Office (second: documents official).

. He organizes the documents in a good sense and attaches what the prosecutor has added from other documents and affirmations and joins them to some of them in an organized sense, and he completes the information particular to the documents from numbering and type of case.

. He adds the necessary forms for the investigation and they are the form of report of interrogation of the defendant (13), form of report of interrogation of the one witnessed in Hisba (14), form of report of interrogation of witness according to their numbers indicated in the form of procedures of summoning.

[explanatory diagram]

1. The documents official organizes the documents and registers the number and type of the case upon them inside the compilation of the case. Number: Abu so-and-so.

2. He adds the following forms: form of report of interrogation of the defendant, form of report of interrogation of the one witnessed in Hisba, form of report of interrogation of witness.

3. Then he gives the compilation to the connections official.

4. Who gives the compilation to the investigator. The name of the investigator has been set through the form of appointment for investigation inside the compilation.

6. The Investigation Office.

. The investigator should have the same forms that are placed for him by the documents official and he can add what is required if he wants, provided that he does not break any document from the compilation and when he adds new documents, he bores them with the document required to be added to them, so long as the used or added paper is from the blank registers specified for that.

. He should not break the compilation or change the organization of the papers.

. He should fill in the forms particular to the forms of interrogation (interrogation of the defendant, interrogation of the one witnessed in the Hisba, interrogation of witness).

. He should see the prosecutor and ask about what he needs from data in the time in which the summoning or fetching and subpoena is carried out.

. After the end of the investigation, the investigator should raise the complete affirmation about the case and its circumstances with definition of what was found from lines of evidence and proofs, then he sends the case to the prosecutor, either by himself or through the connections official.

Clarification diagram:

1. The investigator is to consult the prosecutor from whom the case is referred during the time of the summoning.

2. Taking the affirmations of the defendants and witnesses through: form of report of the interrogation of the defendant, form of report of interrogation of the one witnessed in the Hisba, form of report of interrogation of witness.

3. After the end of the investigation, he places the papers inside the case compilation (number, Abu so-and-so).

4. Then he gives the case compilation to the prosecutor: Abu So-and-So.


7. The Prosecution Office.

. Reviews the case and ascertains it and the completion of all the procedures and assurance of the type of case that has been previously defined.

. Records its complete view of the case on the form of the particularized case through the forms of the particularized cases present with it.

. Defines the judge to whom the case will be referred through a form of referral for review (22), whether conciliation has been done or the pledge or in referral for ruling. Then the case is sent to the registry office through the connections official for the referral of the case to the relevant judge.

[clarification diagram]

1. Prosecutor: Abu so-and-so. After referral of the case, he sets the form of the particularized case on which the summary of the case will be recorded: form of the particularized case or the summary of the case.

2. Then he refers it to the relevant judge through the form of referral for review.

3. Then he gives the compilation to the connections official.

4. Who gives the compilation to the registry director.

5. In the event of reaching conciliation or pledging between the two parties of the case, the form of the conciliation document/form of the written pledge is written. Then [proceed to step 2].


8. Registry Office.

. The registry director records the additional data in the cases registry then he sends the case compilation to the documents official.

. The documents official organizes the papers inside the compilation and completes their data by writing the number and type of the case on them. Then the case is referred to the relevant judge through the connections official.

[clarification diagram]

1. The registry director completes the data of the case inside the general registry of cases.

2. He gives the case compilation to the documents official.

3. Who organizes the papers and records the number and type of case upon them inside the case compilation: number and Abu so-and-so.

4. Then he gives the compilation to the connections official.

5. Who conveys the compilation to the relevant judge.

The name of the judge has been set through the form of referral for review inside the compilation.


9. Judge’s Office.

. Not breaking the compilation or changing the organization of its papers.

. The judge studies the case and reviews what he wants for its sake from references, books, or consulting whomsoever he desires to pronounce the ruling on it or refer it to another judge. In such an event he writes the form of judicial referral, in which he sets the name of the judge to whom the case should be referred. Then he sends it to the registry office in order for it to be referred to the new judge and in the event of its referral to another court, he writes the same previous form in which he sets the court to which the case should be sent. Then he sends the case file to the registry office through the connections official.

. The judge has the right to summon whomsoever he wishes from the parties of the case to hear their words or to question them or inquire of them about anything he wishes through writing a summoning order and sending it to the registry office, so that it can write a notification of attendance with defined date and send the card of meeting appointment to the judge.

. After the judge finishes reviewing the case, he writes the form of notice of date for litigation in which he makes clear the importance of the case, then sends it to the registry office through the connections official.



Clarification Diagram

1. The relevant judge, after completing review of the case file.

2. If he wants to refer the case to another judge inside the court or to another court he defines the name of the new judge or the name of the court to which the case should be referred through the form of judicial referral.

3. If he wants to summon any side in the case, he writes the form of the procedures of the summoning.

4. If he comes to a final ruling and wants to define an appointment for a meeting to pronounce on the ruling, he writes the form of notification of setting an appointment for the litigation.

5. [following on from 2, 3 or 4] then he sends the file to the connections official.

6. Who hands the compilation to the registry director.

10. The Registry Office.

. Records what concerns it from data in the general registry of cases and writes the card of appointment of ruling for the judge that contains the appointed time of the meeting, which has been set in the notice of the call for attendance.

. Writes the notices of call for attendance to the parties of the case, defining by them the appointment of the session of pronouncing the ruling on the case in accordance with its importance through a mechanism of summoning to be explained later.

. Refers the compilation to the judge through the connections official so the judge can review the cases if he wants during the time of summoning.

. In the event of the handing over of the notices of notification of attendance to both the claimant and the defendant, it will send them to the judge to confirm the date of pronouncement of the ruling.

. In the event the referral is to a court lower in position than the court from which the case is referred, the court to which referral is made is obligated to respond through sending the document of the final ruling issued on the case, and if the court is higher in rank than the court from which the case is referred, then the court to which the case is referred is not obligated to respond and issues the final ruling on the case.

Clarification Diagram

The registry director

Opens the case compilation (number and Abu so-and-so).

1. He completes the data inside the general registry of the cases.

In the event that

2. The case is referred to another judge inside the court then he hands it to the connections official, who hands it over to the relevant judge.

3. The case is referred to another court then he sends the case to the specified court.

4. There is an order of summoning from the change, he writes a copy of the notices of informing of attendance. He places the card inside the compilation and hands it to the connections official, who hands the compilation to the relevant judge.

5. There is notification to specify a date for the ruling from the judge, he writes the card of appointment for ruling, [he places the card inside the compilation] and hands it to the connections official.

6. In the event of the issuing of the ruling:


Notice of call for litigation for the witness.
Notice of call for litigation for the minor’s guardian.
Notice of call for litigation for the claimant.
Notice of call for litigation for the defendant.

Then he writes the […?] inside the [compilation] and [hands it to the director of?] police through the connections official, in the event of the issuing of notices of conveying and subpoena.

11. The Judge’s Office

. He preserves the case file after knowing the date of session of litigation through the card of date of ruling written by the registry director and that is in order to review the case during the time of summoning of the two parties of the case.

. In the event that the method of litigation has been in conciliation or pledge, the document of conciliation or written pledge is written, then the file is sent to the registry office to end the case.

. And in the event the method of litigation is through trial, the judge writes the forms of ruling and they are ruling document, form of means of ruling, form of Shari’i evidence, form of means of implementation of ruling, the form of attachments of ruling, whether in the attendance of the claimant and defendant or without their presence. Then he addresses the relevant parties regarding its implementation through writing another form called the order to implement ruling in the event only that the parties implementing the ruling are affiliated with the judiciary. If the parties addressed are not affiliated with the judiciary, he writes the form of decision of implementation, then he sends the case file to the registry office.

Clarification diagram

1. The relevant judge, reviews the case file during the time of call to ruling and then

2. If the method of litigation is through conciliation or pledging, then a form of document of conciliation/form of written pledge is written. He places the forms inside the compilation then sends it to the registry director, through the connections official.

3. If the method of litigation is through trial, he writes the form of document of ruling, form of means of ruling, form of Shari’i evidence, form of means of implementing the ruling, form of attachments of ruling, form of judiciary of judges.

4. If the party to whom the implementation of the ruling is entrusted is affiliated with the judiciary, the judge writes the form of order of implementing of ruling. He places the forms inside the compilation and sends it to registry director.

5. If it is not affiliated with the judiciary, he writes the form of decision to implement ruling.

12. The Registry Office

. The director of registry completes all the information and data particular to the case, numbers the remainder of the documents of the cases inside the compilation and records it in the general registry and on the cover of the compilation in order to close the case file.

. The director of the registry sends to the relevant parties through the connections official the orders of implementation present inside the case file and attaches with them a copy of the forms of final ruling and in some instances a copy of the entire case in accordance with the order of the judge specified in the form of attachments of ruling.

. The party to which the order of implementation or final ruling is sent works to implement the ruling and oversees it and prepares the necessary things for that from securing, oversight etc. Then the form of notification of implementation of the ruling is sent to the registry office.

. The registry director through the connections official gives a copy of the final ruling to all of the one for whom the ruling was in favour as proof of his right and the one against whom the ruling was brought for the sake of appeal and redress.

. He gives the case file to the archive official in order to preserve it in his office on the condition that he places the files of the cases in an organized and numbered in sequence sense according to their numbers in order so that they can be easily accessed.

Clarification Diagram

1. The registry director completes the data of the case inside the general registry of cases.

2. He completes the data on the cover of the case compilation.

3. He makes a copy of the form of document of ruling, form of means of ruling, form of Shari’i evidence, form of means of implementing ruling, form of judiciary of judges, form of order of implementing ruling, form of decision to implement ruling, form of notification of implementation of ruling. And he adds a copy of the whole case if the judge orders that in the form of attachments of ruling.

4. He sends the copied forms to the authorities implementing the ruling. The authority implements the ruling according to the orders and mechanism of implementation specified by the judge, then he writes the form of notification of implementation. He sends the notification of implementation to the general registry of cases.

5. He sends the copies that the judge specifies to the one for whom the ruling is in favour and the one against whom the ruling is made.

6. He gives the compilation to the archive official, who preserves the compilation with him in a numbered in sequence and organised sense.

Scenarios of Case

The second scenario: the case should be for redress or appeal.

1. Reception, then
2. Registry office, then,
3. Prosecution office, then,
4. Judge’s office.

The Case for Appeal or Redress.

Note:

In the event that the case is for appeal, the director of the registry sends the case to another prosecutor besides the one to whom the case was referred previously.

3. The prosecution office: the prosecutor defines what the case needs from procedures, whether it is for redress or for appeal, and then he specifies the party to which the case will be referred: i.e. the relevant judge, in order to judge on it. And he defines that through the form of referral for review, in which he specifies either the judge or the court according to his view.

Note:

. In the event the case is for appeal, the prosecutor refers it to another judge besides the one who ruled on it, provided the new judge is of higher rank than the previous one whether in the same court if present, or if not, the case is to be referred to another court of higher rank than the court to which the appeal is raised.

4. The judge’s office: first: the case comes to the relevant judge who refers to the prosecutor in it or a specific judge according to his view, in order to take the appropriate decision on the case and in the event a new ruling is issued, it requires an implementation commission, so its implementation is done through the mechanism of implementation referred to in the scenario of the case for the first time or the judge directly informs the judge against whom the case of appeal is referred of the new ruling.

Second: The case is referred against to the registry in order to adopt the necessary measures according to the decision of the judge specified in the case compilation.

Clarification Diagram

1. The claimant heads to the reception employee.

2. He confirms that the claimant has a prior case, then directs him to the

3. Director of the registry, who makes a copy of the case file in the archive after knowing its number and makes a new compilation for it and gives it a number inside the general registry of cases. He then directs the claimant to the waiting square.

4. He sends the compilation to the prosecutor.

5. Who reviews the case file to complete what it is lacking from procedures. Then he refers it to the judge or relevant court through the registry office.

The relevant judge/the relevant court.

Case scenarios

The third scenario: that the case should be coming from another party.


1. The case passes in this scenario through the same steps of the case for the first time except step number one which is passing upon the clerks.

2. The director of the registry records the data particular to the case while specifying the party from which the case comes and all the data connected with it in the incoming register of cases.

3. The director of the registry prepares a compilation for the case and gives it a special number for it and then he registers all the data that he needs in the general registry of cases.

4. The director of the registry completes the data of the case with him and does what is necessary for it and specifies the office to which the case will be referred in order to complete what it is lacking from procedures.

Clarification Diagram

Registry director

1. Receives the case coming to the court and records it with the court in the incoming registry.

2. He records the case data inside the general cases registry.

3. He places the case documents inside a new compilation and records on it the number particular to it and the name of the prosecutor.

Case compilation
Abu So-and-So

4. He directs the compilation to the prosecutor through the connections official so that the case can be completed with any procedures lacking from it.

5. The registry director, after the issuing of a final judgement on the case: if the court from which the case comes is higher in rank, the registry director sends a copy of the final ruling forms attached with the form of a judicial response to the court from which the case comes.

The form of judicial response is to be filled by the judge who issued the final ruling in the case.

Mechanism of Summoning

1. A notification of attendance is written by the hand of the registry director with specifying of the date of appointment of the session beforehand and it should be 3-8 days for the normal cases and 1-24 hours for the urgent cases, so long as the prosecutor does not specify otherwise (the prosecutor is the one who specifies whether the case is ordinary or urgent through the form of procedures of summoning).

2. The notification of attendance is handed to the connections official who hands it to the director of judicial police and a signature of receipt is taken from him through the registry of receipt of post.

3. A copy of the case is attached with notification of attendance in order to hand it to the defendant in the event the prosecutor orders that in the form of procedures of summoning and he inserts the form of initial response of the defendant in the event that the prosecutor orders the necessity of response through the form of procedures of summoning.

4. The director of police sends the court usher with the notice to hand them to the relevant individuals and in the event that the court usher does not find the summoned or whoso represents him in accordance with the list that specifies who has priority of receipt of notice of summons if the summoned is not present, he informs the registry of that two days before the appointment of the session, in order to renew the notice of summons to specify a new appointment, or the court usher hands the notification to the amir of the area of to the amir of the Hisba and takes a signature from them of receipt on the other copy in order to return it to the registry office through the police director.

5. In the event of handing over the notification, the court usher informs the director of the office of judicial police or the amir of the station of that, and he gives the other copy signed by the recipient, and then the director of the police sends the copy to the registry office through the connections official and the director of the police registers it in the outgoing registry he has.

6. The director of the registry confirms the appointment of the following meeting and makes sure of notifying the claimant and defendant, and he sends the copy of notification of attendance to the specified investigator through the connections official, in order to attach it to the case compilation. The preference is for the attendance of the claimant and defendant in the first session with the investigator in order to make available the time and effort and to reduce the number of meetings. And in the event the defendant is present but not the claimant, it is not forbidden for the affirmation of the defendant to be taken, then the rest of the investigation procedures can be completed and among them notifying the claimant again.

7. In the event that the notification is a notification of subpoena, it is sent through the connections official to the police director, who orders for a patrol of police to go out with the court usher to subpoena those wanted as soon as possible to appear before the court.

8. The court usher fills the record report form he has to mention all that happened with him on subpoena of those wanted or in the event there is an order for inspection.

Timetables of Works

The official times of work: 8 a.m. to 4 p.m., i.e. on average 8 hours per day.

The timetable of works of the prosecutor is divided into three portions: the portion of hearing the case and its extent is five hours, the portion of review and deliberation 2 hours and 20 minutes, and a portion for rest is 40 minutes.

The appointments of the sessions for every prosecutor are specified inside the timetables of works particular to them through the director of the registry.

The work is divided over three prosecutors, so the most that the length of one meeting to hear the case should be 20 minutes during the five hours particular to hearing: i.e. on average fifteen cases for each prosecutor in one day averaging 45 cases for one day for three prosecutors inside the court or station, provided that the work is distributed between three prosecutors in accordance with the table of appointments of prosecutors inside the court, made clear on the next page.

The timetable of works of the judges is defined according to the timetable placed for them, so please refer to the timetables subsequently with the knowledge that the judge’s timetable is not set by time for the meeting.

Timetable of appointments of the prosecutors in the Islamic court in…


Day   Date   
Judge       
  Prosecutor 1 Prosecutor 2 Prosecutor 3 
Timing fromTiming toType of procedureCase numberType of procedureCase numberType of procedureCase number
8:008:20HearingHearingHearingHearingReviewReview
8:208:40HearingHearingHearingHearingReviewReview
8:409:00HearingHearingHearingHearingReviewReview
9:009:20HearingHearingHearingHearingReviewReview
9:209:40HearingHearingHearingHearingReviewReview
9:4010:00HearingHearingHearingHearingReviewReview
10:0010:20HearingHearingHearingHearingHearingHearing
10:2010:40HearingHearingHearingHearingHearingHearing
10:4011:00HearingHearingHearingHearingHearingHearing
11:0011:20HearingHearingHearingHearingHearingHearing
11:2011:40HearingHearingHearingHearingHearingHearing
11:4012:00HearingHearingHearingHearingHearingHearing
12:0012:20HearingHearingHearingHearingHearingHearing
12:2012:40HearingHearingHearingHearingHearingHearing
12:4013:00HearingHearingHearingHearingHearingHearing
13:0013:20[Break][Break] [Break] [Break] [Break][Break]
13:2013:40 [Break] [Break] [Break] [Break] [Break] [Break]
13:4014:00ReviewReviewReviewReviewHearingHearing
14:0014:20ReviewReviewReviewReviewHearingHearing
14:2014:40ReviewReviewReviewReviewHearingHearing
14:4015:00ReviewReviewReviewReviewHearingHearing
15:0015:20ReviewReviewReviewReviewHearingHearing
15:2015:40ReviewReviewReviewReviewHearingHearing
15:4016:00ReviewReviewReviewReviewHearingHearing

Timetable of appointments of the judges in the Islamic court in…


Day   Date   
Judge       
        
Timing fromTiming toType of procedureCase numberType of procedureCase numberType of procedureCase number
8:008:20      
8:208:40      
8:409:00      
9:009:20      
9:209:40      
9:4010:00      
10:0010:20      
10:2010:40      
10:4011:00      
11:0011:20      
11:2011:40      
11:4012:00      
12:0012:20      
12:2012:40      
12:4013:00  
13:0013:20 [Break] [Break] [Break] [Break] [Break] [Break]
13:2013:40  [Break] [Break] [Break] [Break] [Break] [Break]
13:4014:00      
14:0014:20      
14:2014:40      
14:4015:00      
15:0015:20      
15:2015:40      
15:4016:00      


Conclusion

And God’s blessings, peace and bestowal of blessing be upon our Prophet Muhammad and all his family and companions. And praise be to God the Lord of the Worlds.

May God reward you best.

Diwan al-Qada wa al-Madhalim.

Circular no. 39 from the Islamic State’s Diwan al-Qada wa al-Madhalim

Islamic State
Diwan al-Qada wa al-Madhalim

Issue no. 2915
Date: 29 Rabi’ al-Awal 1437 AH corresponding to 10 January 2016 CE


In the name of God, the Compassionate, the Merciful and the best prayers and most complete salutations be upon our Prophet and all his family and companions.

Circular no. 39

To the dear brothers the judges of the wilayas and all the judges in the courts of the Islamic State: as-salam alaykum wa rahmat Allah wa brakatuhu. Indeed I commend to you God, besides Whom there is no deity, and I ask Him that you should be well and in good health.

Subject: Monthly Report

The Diwan al-Qada wa al-Madhalim has noticed through the reports referred by you that they are not detailed in terms of number of referred and settled cases and cases under consideration and the numbers of prisoners and the like of details and thus we send to you attached the specimen monthly report to be adopted by you and to be sure of the necessity of complying with referral of the monthly report on every 27th day of every Hijri month.

We ask God to grant us and you success and the right path.

Cc
1. Archive

Attachments:
1. Copy of the monthly report
2. CD containing a copy of the specimen.

Islamic State
Diwan al-Qada wa al-Madhalim
The amir