The Islamic World

&

Kazi Family

Author: Engr. Kazi Muhammad Shafiul Islam

Content:

The meaning of the surname Kazi ……………………………………………

Origin of Kazi ……………………………………………………………………..

The Muslims & Kazi ……………………………………………………………..

National responsibility & liability ……………………………………………..

Qualification ……………………………………………………………………...

Jurisdiction ………………………………………………………………….……

Religious and judicial roles ……………………………………………….…..

Women as Kazi ……………………………………………………………….…

Indian subcontinent ……………………………………………………………

Mayotte governorship …………………………………………………………..

Songhai Empire ………………………………………………………………….

Spanish derivation ……………………………………………………………….

Ottoman Empire ………………………………………………………………….

Sharia law ………………………………………………………………………….

Kadiluk ………………………………………………………………………………

The meaning of the surname Kazi:

The word kazi originally comes from the Arabic (قاضي ) Qadi. The meaning of ( Qadi is judges. Kazi also known as qaadi, qaadee, qazi, kadi. The ward ( قاضيqadi means a ruler which focus person as well constructive rules for human beings life. It use for singular and plural both application.

Origin of Kazi:

Kazi (Arabic: qāḍī) is a judge ruling in accordance with Islamic religious قاضي law (sharia) appointed by the ruler of Muslim countries.

Islam makes no distinction between religious and secular domains. Kazi’s traditionally have jurisdiction over all legal matters involving humankinds. The judgment of a Kazi must be based on ijmah, the prevailing consensus of the Islamic scholars (ulema).

The origin of the institution of Kazi is the old Arab arbitrator, the Hakam, but qualities from officials in areas conquered by Arabs have been added to the structure.

The term “Kazi” (Arabic: قاضي qāḍī) was in use right from the time of the Prophet Muhammad (SA) and remained the term used for judges throughout Islamic history and the period of the Caliphates. While the Muftis & Fuqaha played the role in elucidation of the principles of jurisprudence and the laws.

The Kazi remained the key person ensuring the establishment of justice on the basis of these very laws and rules..

The Muslims & Kazi:

Abû Zayd pleads before the Qadi of Ma'arra (1334).

In 1334, The great Muslim era of the Abbasid Caliphate, the office of the Kazi Al-Kazi (Chief Justice of the Highest Court) was established. Among the most famous of the early Kazi Al-Kazi was Kazi Abu Yusuf who was a disciple of the famous early jurist Abu Hanifa.

The office of the Kazi continued to be a very important one in every principality of the caliphates and sultanates of the Muslim empires over the centuries. The rulers appointed kazi in every region, town and village for judicial and administrative control and to establish peace and justice over the dominions they controlled.

The Abbasids created the office of Kazi (Kazi Al-Kazi, sometimes romanized as Qadi al-Qadi), whose holder acted primarily as adviser to the caliph in the appointment and dismissal of Kazi. Later Islamic states generally retained this office, while granting to its holder the authority to issue appointments and dismissals in his own name.

The Mamluk state, which ruled Egypt and Syria from 1250 to 1516 CE, introduced the practice of appointing four chief Kazi, one for each of the Sunni legal schools (madhhabs).

Although the primary responsibility of a kazi a judicial one, he was generally charged with certain non-judicial responsibilities as well, such as the administration of religious endowments (waqfs), the legitimization of the accession or deposition of a ruler, the execution of wills, the accreditation of witnesses, guardianship over orphans and others in need of protection, and supervision of the enforcement of public morals (ḥisbah).

Functions:

The Kazi is the judge responsible for the application of Islamic positive law (fiqh). The office originated under the rule of the first Umayyad caliphs (AH 40–85/661–705 CE), when the provincial governors of the newly created Islamic empire, unable to adjudicate the many disputes that arose among Muslims living within their territories, began to delegate this function to others. In this early period of Islamic history, no body of Islamic positive law had yet come into existence, and the first Kazi therefore decided cases on the basis of the only guidelines available to them: Arab customary law, the laws of the conquered territories, the general precepts of the Qurʾān, and their own sense of equity.

During the later Umayyad period (705–750 CE), a growing class of Muslim legal scholars, distinct from the Kazi busied themselves with the task of supplying the needed body of law, and by the time of the accession to power of the Abbasid dynasty in 750 their work could be said to have been essentially completed. In constructing their legal doctrine, these legal scholars took as their point of departure the precedents already established by the Kazi, some of which they rejected as inconsistent with Islamic principles as these were coming to be understood, but most of which they adopted, with or without modification. Thus the first Kazi in effect laid the foundations of Islamic positive law. Once this law had been formed, however, the role of the Kazi underwent a profound change. No longer free to follow the guidelines mentioned above, a Kazi was now expected to adhere solely to the new Islamic law, and this adherence has characterized the office ever since.

A Kazi continued, however, to be a delegate of a higher authority, ultimately the caliph or after the demise of the caliphate, the supreme ruler in a given territory. This delegate status implies the absence of a separation of powers; both judicial and executive powers were concentrated in the person of the supreme ruler (caliph or otherwise). On the other hand, a certain degree of autonomy was enjoyed by a Kazi in that the law that he applied was not the creation of the supreme ruler or the expression of his will. What a Kazi owed to the supreme ruler was solely the power to apply the law, for which sanctions were necessary that only the supreme ruler as head of the state could guarantee.

Qualifications:

Thus, the Kazi was chosen from amongst those who had mastered the sciences of jurisprudence and law. A Kazi must be an adult. They must be free, a Muslim, sane, un-convicted of slander and educated in Islamic science. Their performance must be totally congruent with Sharia without using their own interpretation. In a trial in front of a Kazi, it is the plaintiff who is responsible for bringing evidence against the defendant in order to have him or her convicted. There are no appeals to the judgments of a Kazi. The Kazi must exercise their office in a public place, the chief masque (masjid) is recommended, or, in their own house, where the public should have free access.

Kazi must not receive gifts from participants in trials and they must be careful in engaging themselves in trade. Despite the rules governing the office, Muslim history is full of complaints about Kazi. It has often been a problem that Kazi have been managers of waqfs, religious endowments.

The qualifications that a Kazi must possess are stated in the law, although the law is not uniform on this subject. The minimal requirement upon which all the jurists agree is that a Kazi possess the same qualifications as a witness in court, that is, that they be free, sane, adult, trustworthy, and a Muslim. Some require that they also possess the qualifications of a jurist, that is, that they be well versed in the law, while others regard those qualifications as simply preferable, implying that a person may effectively discharge the duties of the office without being well versed in the law. This latter position presupposed that a Kazi who is not learned in matters of law would consult those who are before reaching a decision. Indeed, consultation was urged upon the learned Kazi as well, since even the learned are fallible and can profit from the views of others. Those consulted did not, however, have a voice in the final decision making. The Islamic court was a strictly one-judge court and the final decision rested upon the shoulders of a single Kazi.

Jurisdiction:

The jurisdiction of a Kazi was theoretically coextensive with the scope of the law that he applied. That law was fundamentally a law for Muslims, and the internal affairs of the non-Muslim or dhimmis, communities living within the Islamic state were left under the jurisdictions of those communities. Islamic law governed dhimmīs only with respect to their relations to Muslims and to the Islamic state. In actual practice, however, the jurisdiction of a Kazi was hemmed in by what must be regarded as rival jurisdictions, particularly that of the maẓālim court and that of the shurṭah.

The maẓālim was a court (presided over by the supreme ruler himself or his governor) that heard complaints addressed to it by virtually any offended party. Since Islamic law did not provide for any appellate jurisdiction but regarded the decision of a Kazi as final and irrevocable, the maẓālim court could function as a kind of court of appeals in cases where parties complained of unfair decisions from Kazi. The maẓālim judge was not bound to the rules of Islamic law (fiqh), nor for that was matter he bound to any body of positive law, but was free to make decisions entirely on the basis of considerations of equity. The maẓālim court thus provided a remedy for the inability of a Kazi to take equity freely into account. It also made up for certain shortcomings of Islamic law, for example, the lack of a highly developed law of torts, which was largely due to the preoccupation of the law with breaches of contracts. In addition, it heard complaints against state officials.

The shurṭah, on the other hand, was the state apparatus responsible for criminal justice. It too provided a remedy for a deficiency in the law, namely the incompleteness and procedural rigidity of its criminal code. Although in theory a Kazi exercised a criminal jurisdiction, in practice this jurisdiction was removed from his sphere of competence and turned over entirely to the shurṭah, which developed its own penalties and procedures. What was left to the Kazi was a jurisdiction concerned mainly with cases having to do with inheritance, personal status, property, and commercial transactions. Even within this jurisdiction, a particular Kazi’s jurisdiction could be further restricted to particular cases or types of cases at the behest of the appointing superior.

The principle of delegation of judicial powers not only allowed the supreme ruler to delegate these powers to a Kazi; it also allowed to further delegate them to others, and there was in principle no limit to this chain of delegation. All persons in the chain, except for the supreme ruler or his governor, bore the title Kazi. Although in theory the appointment of a Kazi could be effected by a simple verbal declaration on the part of the appointing superior, normally it was accomplished by means of a written certificate of investiture, which obviated the need for the appointee to appear in the presence of the superior. The appointment was essentially unilateral rather than contractual and did not require acceptance on the part of the appointee in order to be effective. It could be revoked at any time.

Religious and judicial roles:

In the Islamic world, under constitutional government, such as Turkey, where sharia is not the basis for the legal system, the term Kazi is still used to identify judges or magistrates. However in countries where some shariah law is enforced, such as Saudi Arabia, the Kazi is the judge who rules under the Islamic laws enforced.

In countries that practice a hybrid legal system such as Egypt, a Kazi makes an initial ruling in all civil and criminal matters. In Pakistan, where there is a dual legal system of the regular courts and the Shariah courts, the Kazi are appointed in the latter cases who rule according to the shariah law. In some Islamic countries, the position of Kazi, formerly reduced to simply being responsible for the initial hearing of cases or even abolished in the process of Westernization, has been recently reinstated, as in some Islamic provinces of northern Nigeria. When it involves a severe penalty, his decision has to be approved by a Mufti, certainly in capital punishment cases, to ensure that verdict is in compliance with the Islamic law.

Women as Kazi:

Main article: Thumal the qahraman

Although the role of Kazi has traditionally been restricted to men, some women have been appointed as Kazi in recent years (a major exception is Thumal the qahraman a Muslim Abbasiad woman appointed as a Kazi in 9th century Baghdad). In 2009, two women were appointed as Kazi by the Palestinian Authority in the West Bank. In 2010, Malaysia appointed two women as Kazi as well. However, it was decided that as women they may only rule over custody, alimony and common property issues, not over criminal or divorce cases, which usually make up most of a Kazi’s work. In Indonesia, there are nearly 100 female Kazi.

There is disagreement among Islamic scholars as to whether women are qualified to act as Kazi or not.

Local usage

Indian subcontinent:

The rulers of Muslim India also used the same institution of the Kazi (or Qadi). The Kazi was given the responsibility for total administrative, judicial and fiscal control over a territory or a town. He would maintain all the civil records as well. He would also retain a small army or force to ensure that his rulings are enforced.

In most cases, the Kazi would pass on the title and position to his son, descendent or a very close relative. Over the centuries, this profession became a title within the families, and the power remained within one family in a region. Throughout India, Pakistan and Bangladesh, we now find various Kazi families who descended through their famous Kazi (qadi) ancestors and retained the lands and position. Each family is known by the town or city that their ancestors controlled.

Mayotte governorship:

On the island of Mayotte, one of the Comoro Islands, the title Kazi was used for Umar who governed it from 19 November 1835 to 1836 after its conquest by and annexation to the Sultanate of Ndzuwani (Anjouan).[5]

Songhai Empire:

In the Songhai Empire, criminal justice was based mainly, if not entirely, on Islamic principles, especially during the rule of Askia Muhammad. The local Kazi were responsible for maintaining order by following Sharia law according to the Qur'an. An additional Kazi was noted as a necessity in order to settle minor disputes between immigrant merchants. Kazi worked at the local level and were positioned in important trading towns, such as Timbuktu and Djenné. The Kazi was appointed by the king and dealt with common-law misdemeanors according to Sharia law. The Kazi also had the power to grant a pardon or offer refuge.

Spanish derivation:

Alcalde is an Spanish term which comes from the Arabic word Al-Kazi ( قاضي,). Alcalde, one of the current Spanish terms for the mayor of a town or city, is derived from the Arabic al-qaḍi ( قاض�ي,) or Al-Kazi, "the judge." In Al-Andalus a single Kazi was appointed to each province. To deal with issues that fell outside

of the purview of sharia or to handle municipal administration (such as oversight of the police and the markets) other judicial officers with different titles were appointed by the rulers.

The term was later adopted in Portugal, Leon and Castile during the eleventh (11th) and twelfth (12th) centuries to refer to the assistant judges, who served under the principal municipal judge, the iudex or juez. Unlike the appointed Andalusian qadis, the alcaldes were elected by an assembly of the municipality's property owners. Eventually the term came to be applied to a host of positions that combined administrative and judicial functions, such as the alcaldes mayores, the alcaldes del crimen and the alcaldes de barrio. The adoption of this term, like many other Arabic ones, reflects the fact that, at least in the early phases of the Reconquista, Muslim society in the Iberian Peninsula imparted great influence on the Christian one. As Spanish Christians took over an increasing part of the Peninsula, they adapted Muslim systems and terminology for their own use.

Ottoman Empire:

Main article: Kadı

In the Ottoman Empire, Kazi were appointed by the Veliyu l-Emr. With the reform movements, secular courts have replaced Kazi, but they formerly held wide ranging responsibilities:

... During Ottoman period, Kaiz was responsible for the city services. The charged people such as Subasi, Bocekbasi, Copluk Subasisi, Mimarbasi and Police assisted the Kazi, who coordinated all the services." [From History of Istanbul Municipality, Istanbul Municipality (in Turkish).]

In the Ottoman Empire, a Kadiluk – the district covered by a kadı – was an administrative subdivision, smaller than a Sanjak.

Sharia law:

(Arabic: ,šarīʿah شريعة IPA: [ʃaˈriːʕa], "legislation"; sp. shariah, sharīʿah;[1] also Islamic law, إس�المي qānūn ʾIslāmī) is the ق�انون moral code and religious law of Islam. Sharia deals with many topics addressed by secular law, including crime, politics and economics, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, and fasting. Though interpretations of sharia vary between cultures, in its strictest definition it is considered the infallible law of God—as opposed to the human interpretation of the law (fiqh).

There are two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Where it has official status, sharia is interpreted by Islamic judges (qadis) with varying responsibilities for the religious leaders (imams). For questions not directly addressed in the primary sources, they extend the application of sharia through consensus of the religious scholars (ulama) thought to embody the consensus of the Muslim Community (ijma). Islamic jurisprudence will also sometimes incorporate analogies from the Quran and Sunnah through qiyas, though Shia jurists prefer reasoning ('aql) to analogy.

The reintroduction of sharia is a longstanding goal for Islamist movements in Muslim countries, but attempts to impose sharia have been accompanied by controversy, [2][3][4]

violence,[5][6][7][8][9][10] and even warfare such as the Second Sudanese Civil War.[11][12][13]

[14] Some Muslim minorities in India and other countries in Asia have maintained institutional recognition of sharia, and use it to adjudicate their personal and community affairs. In western countries where Islamic immigration is more recent, Muslim minorities have introduced sharia family law for use in their own disputes, such as Britain's Muslim Arbitration Tribunal.

Kadiluk:From Wikipedia, the free encyclopediaJump to: navigation, search

State organisation ofthe Ottoman Empire

House of Osman (Ottoman Dynasty)

Classic Period: Divan (Porte) • Grand VizierConstitutional Period: Imperial Government

Millets • Subdivisions • Vassal & tributary states

A Qadiluk (Kaziluk), in some cases equivalent to a kaza, was a local administrative subdivision of the Ottoman empire, which was the territory of a kadı, or judge.

There could be several Qadiluks (Kaziluks) in a sanjak. The Kazi’s duties extended beyond those of a modern judge; in addition to law enforcement, Qadiluks were relevant to matters such as taxation and conscription.

Although every kaza had a Kazi, not every Kazi was in charge of a kaza; a Kazi's position moved, over time, with demographic and political changes. In the Tanzimat reforms of 1864, kadiluks (Kaziluks) were decoupled from kazas.

Kaza or caza:

(Arabic: ,قضاء qaḍāʾ, pronounced [qɑˈd̂ˤɑːʔ], plural: ,أقضية aqḍiyah, pronounced [ˈɑqd̂ˤijɑ]; Ottoman Turkish: kaza), meaning "jurisdiction" and often translated "district," is a term for a second-level administrative division in Iraq and Lebanon and for a third-level administrative division in Jordan and the former Ottoman Empire.

In the Ottoman Empire, it was an administrative district subject to the jurisdiction of a judge (Kazi) and governed by a kaymakam. It was a subdivision of a sanjak and corresponded roughly to a city with its surrounding villages. The Ottoman pronunciation gives the usual English forms, kaza or caza, but one also encounters qadaa, qaza, and qazaa from the Arabic and kadiluk from the Turkish.

The kaza was also formerly a second-level administrative division in Syria, but this is now called a mintaqah. The early Republic of Turkey continued to use the term kaza, but renamed them to ilçe in the 1920s.

Kadı:

From Wikipedia, the free encyclopediaJump to: navigation, searchThis article is about the Ottoman official. For other uses, see Kadi.

Taxation in the Ottoman Empire

Taxes

Adet-i Ağnam ·Adet-i deştbani ·Ashar ·Avarız ·Bac-i pazar ·Bedl-i askeri ·Cizye ·Cürm-ü

cinayet ·Damga resmi ·Gümrük resmi ·Haraç ·Ihtisab ·İspençe ·Istira ·Maktu ·Mururiye resmi

·Muskirat resmi ·Nüzül ·Otlak resmi ·Rav akçesi ·Resm-i arusane ·Resm-i bennâk ·Resm-i

bostan ·Resm-i çift ·Resm-i dönüm ·Resm-i ganem ·Resm-i hınzır ·Resm-i mücerred ·Resm-i

sicill ·Rusum-e-eflak ·Selamet isni ·Tapu resmi ·Tekalif-i orfiye ·Temettu ·Tuz resmi ·Zakāt

Implementation

Ahidnâme ·Defter ·Düyun-ı Umumiye ·Emin ·Hazine-i Hassa ·Hane ·Iltizam ·Istira ·Kadı

·Kanun-i Raya ·Kanunname ·Malikane ·Millet ·Muafiyet ·Muhassil ·Muqata'ah ·Ottoman Public

Debt Administration ·Regie Company ·Sürsat ·Tahrir ·Waqf

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A Kazi was an official in the Ottoman Empire. Based on the Islamic concept of a judge, the Ottoman official also had extra duties; they performed local administrative tasks, and they were involved in taxation and conscription. They might even appeal matters of taxation to central authority; around 1718 the kadi of Janjevo complained to Istanbul that the local lord had set the ispence (a tax) at 80 akçes, rather than official rate of 32.

A Kazi’s territory was called a kadiluk; there could be several kadiluks in a sanjak. Each kaza, governed by a Kaymakam, had a kadı (though not every kadı was assigned to one kaza, and the boundaries would shift over time).

Bhadeshwar Kazi Bari

Kazi Irfan Ali

Kazi Irfan Ali Kazi …….. Kazi Abdul Mozid

Kazi Moin Uddin Kazi Bosir UddinKazi Somir Uddin

Mr. Kazi Moin Uddin is born in 1921 in Kazi Bari at Bhadeshwar. The name of his father Kazi Irfan Ali who born in 1851 in Kazi Bari at Bhadeshwar.

Kazi Irfan Ali had born in 1851at Kazi Bari, Bhadeshwar. He enjoyed his childhood life in his birthplace with his great family. He passed the primary level of Islamic education from one of his aunty at Bhadeshwar. He loved to work with his father who was the kazi of Kadiluk in Bhadeshwar.

A Kadiluk had 26 nos Patta (Area). There had a huge area under the Bhadeshwar kadiluk. It was the era of Mulims. The great father of Mr. Irfan Ali was the Main Kazi who got the honor from Shorat Akbor directly.