Skip to main content

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

Source

Comments

Popular posts from this blog

An advice to Muslims working in the financial sector

Assalam wa alaikum wa rahmatullah wabarakatahu, Dear Brothers & Sisters, We are saddened to see Muslims today even those who practise many of the rules of Islam are working in jobs which involve haram in the financial sector. They are working in positions which involve usurious (Riba) transactions, insurance, the stock market and the like. Even though many of the clear evidences regarding the severity of the sin of Riba are known, some have justified their job to themselves thinking that they are safe as long as they are not engaged in the actual action of taking or giving Riba. Brothers & Sisters, You should know that the majority of jobs in the financial sector, even the IT jobs in this area are haram (prohibited) as they involve the processing of prohibited contracts. If you work in this sector, do not justify your job to yourself because of the fear of losing your position or having to change your career, fear Allah as he should be feared and consider ...

Q&A: Age of separating children in the beds?

Question: Please explain the hukm regarding separation of children in their beds. At what age is separation an obligation upon the parents? Also can a parent sleep in the same bed as their child? Answer: 1- With regards to separating children in their beds, it is clear that the separation which is obligatory is when they reach the age of 7 and not since their birth. This is due to the hadith reported by Daarqutni and al-Hakim from the Messenger (saw) who said: When your children reach the age of 7 then separate their beds and when they reach 10 beat them if they do not pray their salah.’ This is also due to what has been narrated by al-Bazzar on the authority of Abi Rafi’ with the following wording: ‘We found in a sheet near the Messenger of Allah (saw) when he died on which the following was written: Separate the beds of the slave boys and girls and brothers and sisters of 7 years of age.’ The two hadiths are texts on the separation of children when they reach the age of 7. As for the...

Authenticity of ahadith on tall buildings in Makkah?

Question Are these   ḥadith  sound? Are the references provided correct and accurate? When you see the belly of Makkah will be cleft open and through it will be dug out river-like passages (i.e. tunnels) (or water in the road to Makkah), and you see the buildings surpass its mountains, then take care (or beware, or a variant has: then know that the matter is at hand, or then understand that the time of trial (Judgment day) is near at hand). [Narrated by Al-Azraqi in the Book of reports about Makkah – Kitab Akhbaar Makkah, Hadiyth-1725; A specific Hadiyth (in fact several related-Hadiyths) which prophesizes about this Tower. Itha ra’aitun mecca bu’ijat katha’ima, wa ya-tasawa bunyanuha ru’usa jibaliha, faqad athalati as-Sa’atu. When you see Mecca, its mountain with holes (pierced through them), and its buildings reach its mountain tops, then as-Sa’ah (the Hour) has already cast its shadow. [Suyuti] So when you see in Makkah that channels have already been dug (or tunnels b...