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.

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)

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)

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.

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 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.

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.

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.

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