News:
The last week of November and first ten days of December, the Pakistani media was dominated by the issue of missing persons; persons whose relatives have accused the government secret agencies of their abductions. Some of these people have been missing for over a decade now. And some of their corpses have been dumped in abandoned places with signs of severe torture.
Comment:
The problem of missing persons was first created in Pakistan when the then-Army Chief and President of Pakistan Pervez Musharraf entered the American war on terror after 9/11. Naveed Butt, spokesperson of Hizb ut-Tahrir in Pakistan, vocal advocate for the abolition of the American Raj and return of the Khilafah, is also amongst these missing persons since 11th May 2012.
This injustice did not end with the Musharraf-Aziz regime; it worsened during the Kayani-Zardari regime. Even though during this period a prime minister was convicted of not abiding the order of writing a letter to the Swiss authorities and eventually lost his premiership, until now neither the ISI (Inter-Services Intelligence) Chief nor the Military Intelligence (MI) nor the army chief have ever appeared in front of Supreme Court, although it has been proved in a number of cases that the missing persons are in custody of the secret agencies. No wonder a lawyer of the missing persons commented, “This shows that the judiciary is still not independent”. Similarly a former Lahore High Court Bar President said that, “It is just an eyewash.”
Whether it is dictatorship or democracy this Kufr system only protects the interests of the colonialist and their agents. The solution to the problems of the people of Pakistan is not an independent judiciary within this Kufr system. When this capitalist system does not allow us to make an independent foreign policy, economic policy and so on, then can we dream of having an independent judiciary through a system of slavery? Changing faces from Kayani-Zardari to Raheel-Nawaz will never bring relief, what is required is the abolition of this Kufr system.
In order to have a just judiciary, one must have an independent political system first which is the system of Khilafah. This system makes the judiciary just because judiciary only announces verdicts according to the Quran and Sunnah. And every government official whether it is the Khaleefah or Ameer of Jihad or the Wali cannot dare to refuse to come in front of the court and implement its orders. So a judiciary under Khilafah can make sure the rights of the common people are protected and the rulers are accounted for their breach of the Sharia law. RasulAllah صلى الله عليه وسلم warned the Muslims by saying:
«إِنَّمَا أَهْلَكَ الَّذِينَ قَبْلَكُمْ أَنَّهُمْ كَانُوا إِذَا سَرَقَ فِيهِمْ الشَّرِيفُ تَرَكُوهُ وَإِذَا سَرَقَ فِيهِمْ الضَّعِيفُ أَقَامُوا عَلَيْهِ الْحَدَّ وَايْمُ اللَّهِ لَوْ أَنَّ فَاطِمَةَ بِنْتَ مُحَمَّدٍ سَرَقَتْ لَقَطَعْتُ يَدَهَا»
“The people before you were ruined because when a noble person amongst them committed theft, they would leave him, but if a weak person amongst them committed theft, they would execute the legal punishment on him. By Allah, were Fatimah, the daughter of Muhammad, to commit the theft, I would have cut off her hand.” [Bukhari]
Written for The Central Media Office of Hizb ut Tahrir by
Shahzad Sheikh
Deputy Spokesman of Hizb ut Tahrir in Wilayah Pakistan