1. The document discusses principles of natural justice in Islamic and English jurisprudence.
2. It explains the principle of "Audi Alteram Partem" which means that no person should be condemned without a fair hearing of both sides.
3. Examples from the Quran are given of situations where people were not condemned without being given a chance to explain themselves, including Adam/Eve in the Garden of Eden and Iblees (Satan) refusing to bow before Adam.
1. Sunnah of Holy Prophet
Direction to Hazrat Ali when
appointed as a judge to yemen
When two people come to you for
decision don’t give decree
in favour of the first till you hear the
other It is necessary,so the decision
may become clear to you
HUD HUD : was not condemned
unheard.Almighty Allah given the
commanding authority over Mulk
,Man and Animals to Hazrat
Suleman.The birds were performing
the functions of the state .one day a
bird (HUD HUD). Was absent the wording
of Hazrat Suleman embodied in Holy
Quran place a remarkable value
Reference
In Quran chapter no “19”
Sura Nammal verse “19” to“21”.
“I will certainly punish him with a
severe penalty or execute him unless
he brings me a clearreason.
(Absence)”.
Hazrat Adam: was not condemned unheard
The origin of this principle is traceable To the down
of time Investigated the first offence on record
committed in the garden of Eden. When Almighty
Allah directed Hazrat ADAM and Eve
- To enjoy the life in paradise
- Forbid them not to approach toward
the Forbidden Tree
Reference”
In Holy Quran
Chapter no “08”
Sura Araaf
verse “19” to “24”
Did I not forbidd you and that satan
is your enemy ?.
Definition :
The principles of justice which are
incorporated by the fingers of nature (God)
over the hearts of a mankind
Object :
To provide fair trail to the accused
So justice should be manifestly done
I - Audi Alteram Partem”
A notice will be given. Generally this
Maximum includes two
Elements.
- Notice (Summon)
- Hearing (Pleader)
Satan (Iblees):was not condemned
unheard
- originates from Islamic system of justice
- When Almighty Allah order to Satan that
bow before beforeAdam
- Satan refused
Reference:
- In Holy Qura
- Chapter no “08”
- Sura Araaf verse “11” to “13”
Allah said:-- What prevented thee from
bowing down when I commanded thee?
Satan said:-I am betterthen he thou did
create me from fire and him from clay”
The very wordsof God “What preventedthee “is actually opportunity given
to Satan for defence.
Subject: Administrative law
Standard: LL.B second year
Topic: Principles of Natural Justice
MUNIR HUSSAIN KTK
Lecturer
UNIVERSITY LAW COLLEGE
QUETTA
www.facebook.com/pages/Corridor-to-Commercial-Law
Principles of Natural Justice
I - “Audi Alteram Partem”
(No man should be condemned unheard) or
“Hear the other side or both side must be heard”
II - “Nemo debet esse judex in propria causa”
(No man should be the judge in his own case) or
“The deciding authority must be impartial”
III - “Speaking Orders”
“All order should be supported by reasons
Objectives
To Learn
1. the principles of natural justice
2. Audi Alteram Partem
3. The English and Islamic concept
For the collection of
facts and evidence
it is mandatory.
Eng jurisprudence