All posts filed under: Judiciary

Whether Civilian or Military, Courts in Democracy are Unjust

For Justice, Abolish the Man-Made System and Establish the Khilafah (Caliphate) on the Method of Prophethood On 9th January 2017, a high-level meeting regarding military courts took place, chaired by Prime Minister of Pakistan, in which the civilian and military leadership participated. It was decided in this meeting that the federal government will start a […]

Mumtaz Qadri Hanging: Only the Khilafah’s Islamic Judiciary Will Give Blasphemy its Due Weight

Pakistan has erupted in protest at the regime’s 29 February hanging of Mumtaz Qadri, an Elite Force commando convicted of killing former Punjab governor Salman Taseer. In a 40-page statement submitted to the court before his execution, Qadri had stated that Taseer’s statements in support of Asia Bibi, a Christian woman charged with blasphemy, and […]

Q&A: Can women become judges?

Question:

Assalamu alaikum Wa Rahmatullah Wa Barakatuhu

My dear Brother, may Allah protect you,

This subject of women becoming judges is discussed by many members, i.e. to be appointed in the post of a judge. This matter must be reviewed, from the actions of the Prophet صلى الله عليه وسلم and the companions after him and the adherence of the Ummah to these actions throughout its long history, we see that this matter was not known. Since the establishment of the first Islamic state until the demise of the Othmani Khilafah, never was a woman appointed as a judge. What should be taken into consideration when extracting the rule on women becoming judges are the reality of the judiciary, and its precedence, and the reality of the public life and women’s presence in it; if she is not permitted to leave her house without her husband’s permission, and is not allowed to be in seclusion with the disputing parties, then the priority is that she does not become the judge between them…

From Hani Uqda

High Levels of Child Abuse is one of the Fruits of the Liberal Capitalist Democratic System

News:

On May 31st, The Malay Mail online and many other newspapers reported the abduction in Malaysia of a 2-year-old toddler Siti Soffea Emelda. Soffea was abducted by a man and hours later found dead with her head severed on the bank of Klang River. CCTV from Kota Raya Complex in Pudu shows the possible suspect and toddler about three hours after she went missing from her mother’s care, Siti Salmi. Siti Salmy, 32, who police say is homeless and unemployed, had gone to the shopping complex on Thursday to hang out with her friends. At about 8 pm, she went to a toilet and left Siti Soffea with four of her friends. When she returned five minutes later, Siti Soffea was no longer with them. The suspect had a record for several offences, including drug-related offences. He was released from Kajang prison just a few months ago.

Sudan: The Ruling on Apostasy and the Issue of Applying Shar’i Rules

The Enemy in a State of Alertness… Defeated Rulers… An Eager Ummah… A Sincere Hizb and the Consequence for the God-Fearing

Against the backdrop of the judicial decision of execution and a hundred lashes released against a woman who apostatized from Islam and fell pregnant illegitimately, the Kaffir West, its institutions and instruments rose up to prevent the implementation of the judgment.

Marie Harff, assistant of the spokeswoman for the U.S. State Department said: “We are very concerned about the death sentence by hanging issued against Mariam for apostasy and the lashing for adultery.” (Elaph website, 16/05/2014)

Sudan Apostasy Issue: What is a Flagrant breach of law?

News:

May 5, 2014 (KHARTOUM) – A Sudanese court has sentenced a heavily pregnant Christian woman to death by hanging and 100 lashes after convicting her on charges of apostasy and adultery. Amnesty International has described the sentence as “truly abhorrent”. (Sudan Tribune, May 15, 2014) Meriam Yehya Ibrahim is eight months pregnant and currently in detention with her 20-month-old son. Her death sentence was handed down after she refused to recant her religion. “The fact that a woman has been sentenced to death for her religious choice, and to flogging for being married to a man of an allegedly different religion is appalling and abhorrent. Adultery and apostasy are acts which should not be considered crimes at all. It is flagrant breach of international human rights law,” said Manar Idriss, Amnesty International’s Sudan researcher. (Amnesty International, May 15, 2014)

Unquestionably, Evil is what they Judge by

In a new precedent, never to occur before in Egypt or anywhere else in the world, the Minya Criminal Court issued a decision to refer the papers of 529 defendants to the Grand Mufti, in preparation for sentencing them to death, in the case of the attack on Matay police station in Minya. If executed, this would be the largest case of mass execution in the world. In the Nuremberg trials, which are the most famous of the modern history, in which twenty-four of the Nazi leadership war criminals who have caused in the murder of millions, were tried, death sentences were only issued on 12 of the accused, while some were acquitted and others were sentenced to prison.

Q&A: Does the Punishment in this World Expiate the Sin on the Day of Resurrection?

Question:

It is known that in Islam if a person disobeys Allah and the Khaleefah applies upon him a legal punishment (Hadd, Qisas or Ta’azir), the sin will be lifted from him on the Day of Resurrection. The question here is:

Today, as we succumb to the secular oppressive rule and living in Dar al-Kufr (the land of disbelief), if a person sins and is punished by a punishment issued by the man-made law. Such as if he kills he is killed or if he steals he is imprisoned, knowing that the punishment of theft, is the cutting of the hand. If this is the case would this punishment expiate the burden of this sin on the Day of Resurrection?? May Allah reward you and us and all Muslims with goodness) ended.

From Sameh Raihan Abu Maisara

Hizb ut-Tahrir Releases the Khilafah Judiciary Policy

Policy for a Judiciary that will Secure Sure and Swift Justice, without Discrimination

Hizb ut-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.

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. However, settling the disputes, accounting the rulers and securing the rights of the people is now in an appalling state in the Muslim World since the abolition of the Shariah which was implemented through the Khilafah.

The shari’ah and the rule of law – Islamic governance for the 21st century

The year 2011 ended with an irreversibly changed Middle East where the hegemony of several dictators collapsed at the hands of their oppressed populations. The Syrian and Yemeni peoples’ immense sacrifice and desire for change continue into 2012. There is little doubt that the world will further witness the collapse of other dictatorial regimes in the region.

Islam: Justice for All

Earlier this month, UAE’s Sheikh Issa bin Zayed al-Nahayan was cleared of all charges involving the torture and abuse of a Muslim grain merchant despite there being video footage of the act. The case is only one example of how the judicial system in the world today is biased and corrupt. Under Islam, judges have a heavy responsibility before Allah سبحانه وتعالى. Only the re-establishment of the Khilafah Rashidah will bring humanity true and complete justice.

Are the contracts, transactions and court verdicts before the establishment of the Khilafah considered valid?

The contracts and transactions that were concluded, together with the courts’ verdicts that were confirmed and executed before the establishment of the Khilafah are considered valid between their parties till the end of their execution before the Khilafah. Judiciary in the Khilafah would not repeal them and nor start them again. No new lawsuits would be accepted regarding them after the establishment of the Khilafah.

Two cases would be excluded of that:

1. If the case that was confirmed and its execution was finished still have a continuous effect that contradicts Islam.

2. If the case relates to somebody that hurt Islam and Muslims.

An Introduction to the Islamic Judiciary

 Definition
The Khilafah’s judiciary is responsible for issuing judgments that are enforced by the state. Its responsibility covers three main areas:

1. Settling disputes between people
2. Preventing whatever may harm the rights of the community
3. Settling the disputes between people and any person who is part of the government, whether the Khaleefah, his cabinet, civil servants or any other person.1