There are two universal natural principles in the learning and the practice of law. These are Audi Alterem Partem, which is fair hearing. This principle allows a person/ accused/ suspect/ defendant to be allowed to be heard no matter the degree or kind of offence he might have committed.
It doesn’t allow a one sided application or the enforcement of decision or action. It allows the person accused to be heard before a final decision is made.
The Genesis and the foundation have been established by the Holy Quran and some actions of the Holy Prophet Mohammed PBUH.
According to the narration, the Prophet advised his companions and followers of the Religion never to pass a judgment when a party has not been heard.
A woman once came to complain bitterly about the behavior of her husband to the Prophet in the presence of his companions and other members of his cabinet.
Immediately she finished, the companions almost agreed with her sentiments without hearing from her hubby.
The learned Prophet sent for her husband; when he arrived and was asked to narrate his side of the story after the woman was made to repeat her narration in the presence of her husband.
When the husband told his side of the story, the woman agreed with him and sought an apology from her hubby. She exaggerated her story to the audience.
Then, all those who nearly massacred him( the husband )without hearing his side quickly apologized to him.
Islam, as a religion of Allah, believes in fairness and equity.
It believes that all must be treated justly.
It abhors discrimination and any unfair treatment against a group or a person.
The Prophet of Allah had always demonstrated,exhibited and actualized this unique principle of fairness to all including the enemies of the religion.
It is therefore important that as learners of the deeds, practices and actions of the Prophet, we should adhere to this lofty and laudable principle of Audi Alterem Partem.
The other principle of the universal natural justice is known as Nemo Judex in Causa Sua, which means one cannot be a judge in his own cause.
A judge cannot preside over a case in which he or she has an interest.
Where a judge or a Presiding Officer has any relationship with any of the parties in the matter brought before him, the principle allows him or her to recuse or withdraw from the matter.
The Prophet would not preside over any matter that had to do with any of his family member.He would always stay away and allowed the process to be resolved through the appointment of an impartial , neutral and an independent arbiter to handle the matter.
These two carnival principles of Law have been the working procedures in the administration of justice since the era of the Holy Prophet Mohammed PBUH. It is sad that most legal jurists lawyers and writers will not credit the Prophet for his contribution in the establishment and the growth of law on this earth.
The truth shall always prevail.
The Law we learn and practice has everything to do with Islam, with the Holy Quran as the nerve center of laws in this world and the hereafter.
All must know this key information of the Universal Natural Principles and the Law.
Ahmed
The Servant
