
بسم الله الرحمن الرحيم
Policy for a Judiciary that Secures Sure and Swift Justice, Without Discrimination
August 2013 CE – Ramadan 1434 AH
Hizb it tahrir/ Wilayah Pakistan has issued a Publicized Policy Position (PPP) regarding ensuring a judiciary that is free from corruption and discrimination, secures the rights of the people, and is strong to hold the rulers to account.
A. Preamble: The current man-made system of judiciary ensures that might is right and justice is delayed
The most profound and detailed jurisprudence in human history is that of Islam. From the time of RasulAllah (saw), Islam is characterized by its swift and fair justice with many examples, such as RasulAllah (saw) personally inspecting the markets and judging upon fraud and cheating. Also Islam not enforcing punishment in the case of doubt, rather only with firm Shariah testimony, for RasulAllah (saw) said, ادْرَءُوا الحُدُودَ عَنِ المُسْلِمِينَ مَا اسْتَطَعْتُمْ، فَإِنْ كَانَ لَهُ مَخْرَجٌ فَخَلُّوا سَبِيلَهُ، فَإِنَّ الإِمَامَ أَنْ يُخْطِئَ فِي العَفْوِ خَيْرٌ مِنْ أَنْ يُخْطِئَ فِي العُقُوبَةِ “Repel the punishment from the Muslims as much as you can, so if there is a way out clear the path for it, for it is better for the Imam to make an excuse in pardon than make a mistake in punishment” [Tirmidhi]. Also, the cutting the hand of the thief not being performed in the Year of Famine, if the stealing was to alleviate the starvation, as Sirkhisi mentioned in “Al-Mabsoot” from Makhool (ra) that RasulAllah (saw) said, «لَا قَطْعَ فِي مَجَاعَةِ مُضْطَرٍّ» “There is not cutting in the compelling famine” and this is what Omar (ra) did during the famine. Also, the example of a Jew winning the case of the shield against the Khaleefah Ali (ra) because the Judge refused the witness of the son of the Khaleefah, and so on are embedded in the hearts and minds of the Muslims. The corner stone of Islam’s judiciary was fair, swift and sure justice. Moreover, Shariah was a standard for world civilization for thirteen centuries, inspiring western nations to revise their legal and ruling frameworks, for example Shariah influenced France’s Napoleonic Code, Britain’s Magna Carta and the US Constitution.