The Perception of Suo Moto action in Islam

Abstract

Allah has created Man and gave him some responsibilities in this World as well as taught the terms and conditions of CALIPHATE and all the causes of deprivation from it. The purpose of delegating authority is to see how you (man) will do (Qur’an7:129). In fact our Lord wants to examine what role the man will play in the formation of a peaceful society based on a Just system according to Allah’s law. Islam is a religion of peace. It does not only place the responsibility of establishing an exemplary society on the powerful but also this obligation has been entrusted to every intelligent, sensible and judicious person of the society. To provide justice, concept of Suo Moto has great importance. Suo Moto action can be taken if there is a risk of harm to the Public interest. It is a right of authority/authorities to directly interfere in matters of public importance by freeing themselves totally from the rules of procedure and precedent(Kandhalvi, 2016). The main objectives of Suo Moto is to protect fundamental rights, Public interest litigation, accountability to those who are in power on failing public needs and requirements so that the weak, backward and compelled people can be given their due. In this article, many examples from Quran and Sunnah have been presented regarding Suo Moto. In the era of Caliphates and after that many Government officials and agencies like Hakim-e-Fojdari, Qazi, Mohtasib,Wali-e-Madalim, Sahib-e-Shurta, Ifta, etc used this tool of justice. In the modern World, Suo moto is also being used in different countries of the World.