This is an extract from the book Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah available to purchase from Amazon. In respect to the Adillah (evidences) used as proof by those who say that the Seeghat ul-Amr indicates Al-Wujoob (the obligation), then they have erred in their manner or process of deduction. That is because these evidences are related to the obedience to the command (Al-Amr) and disobedience to it whilst they are not related to the Seeghat ul-Amr (form of the command). The Amr (command) of Allah is Waajib (obligatory) to obey and disobedience to it is Haraam.
The Caliphate’s judiciary is responsible for issuing judgments that are enforced by the state. It settles disputes between people, prevents whatever may harm the rights of the community and also settles disputes between people and any person who is part of the government whether this is the Caliph, his cabinet, civil servants or any other official.1
The punishment for torturers in the hereafter is severe. The Messenger of Allah ﷺ said: إِنَّ اللَّهَ يُعَذِّبُ الَّذِينَ يُعَذِّبُونَ النَّاسَ فِى الدُّنْيَا “Allah tortures those who torture the people in this life.” (Sahih Muslim)