Thursday, April 05, 2007

The actual cause of the current judicial crises in PK is the non-Islamic constitution

The actual cause of the current judicial crises is the non-Islamic constitution and the lack of implementation of Islam

Pakistan’s secular constitution is full of un-Islamic articles. One such example is the article 209 of the constitution under which Musharraf has filed the reference against Chief Justice. The source of this current judicial crisis is also this prevailing system and the constitution, which sidelines the divine Ahkam of Allah (swt) and declares the limited human wisdom to be the source and origin of legislation. Had the Islamic laws relating to judiciary been implemented, no such crises would have erupted. According to the current constitution, a common man has to depend on the consent of the President or the Chief Justice to be able to account and start a judicial proceedings against the judges of Supreme Court and High Courts, who then by their own wishes may or may not send a reference to the Supreme Judicial Council (SJC) for inquiry. Moreover, the proceedings are held in-camera (closed doors) and the masses cannot witness it. Whereas, in the Khilafah’s judicial system; the process of accountability is very simple, quick and transparent. In Islam there are no sacred cows and absolutely no one is above the law. In Islam, accountability process is same for a ruler, a judge or a government functionary. Hence a person does not need any specific permission or ruler’s reference to legally account them or initiate a legal hearing. Rather a person can go to any Qadi Madhalim directly and file a case against another Judge, a government functionary or a ruler and thereby account him. Consequently, the ruler does not become a party to the case nor fingers are pointed towards them. As for the issue of in-camera (closed door) proceedings, it is also against the Islamic laws. Since the proceedings in issues related to unwarranted use of authority and corruption are held in open court and the masses and the media are free to witness it. As the people do not trust the government, there is allot of anxiety and scepticism regarding the proceedings. Another idiocy of the current system is that the Supreme Judicial Council does not have the mandate of a court nor its decision is binding on the President. What more of a mockery can there be of a judicial process. In Islam the courts are completely independent in their decision and even the Khaleefah can not change their decisions nor does any other court has the authority to change the judgments based on its interpretations. Moreover, according to the current Pakistani law, if an FIR (First Information Report) is registered against any accused he is to be thrown in jail under the guise of judicial remand and if he does not possess the means to arrange for the bail-bond he has to spend years after years behind bars irrespective of the fact whether the FIR was factual or based on a lie. In Islam, an accused cannot be sent behind bars merely on suspicion. Consequently, the mistreatment of Chief Justice was in fact due to the same corrupted mindset where an accused is almost a guilty person and mistreating him is not a big deal. During the current crises the Chief Justice must also have fully realised by his personal experience how barbaric and cruel Kufr law he had been implementing over the people for years! People have full cognises of the fact that even if the Chief Justice is made functional once again, no relief for the oppressed masses can be expected. This can be said with conviction because the same oppressive system was implemented in the past and the Chief Justice never declared it un-Islamic or unconstitutional. Musharraf government wishes to crush every dissenting voice and even the weakest opposition through brutal commando action. Our problems will never be solved and the Ummah will continue to face one crisis after another until Islam is implemented comprehensively. The need of the hour is that we establish a Khilafah, which would implement Islam in totality. Only in this scenario, the problems of the masses will be solved and the Ummah will rise again with strength and power.

Naveed Butt
19th March 2007

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