The Concept of Appeal in Islamic Judiciary

Syariah courts in Malaysia allow aggrieved parties to appeal lower court decisions to a higher court. Nonetheless, the question of whether appeals have a basis in the Islamic judicial system should be studied. Therefore, this article seeks to discuss the concept of appeal according to Islamic law, analyze excerpts of cases of appeal found in legal text sources, and analyze the views of jurists regarding appeal in the Islamic judiciary. A descriptive document analysis is employed in this study. The study found that appeal cases that were already decided were rarely discussed. Traditionally, classical jurists had only addressed appeals of decisions made that were contrary to Islamic principles, and the second judge could amend the decision after the appeal. Shariah courts in the present have adopted the procedure of civil courts, which allows the aggrieved party to appeal even if the ruling does not contradict shariah. This study is important as it shows the evolution of the Islamic judicial system in upholding justice for the disputing parties.