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 corner stone of Islam's judiciary was fair, swift and sure justice. Moreover, Shariah was a standard for world civilization for thirteen centuries, inspiring the 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.
Unlike Democracy, in Islam, it is Allah سبحانه وتعالى Who has revealed the laws regarding the crime, its testimonial evidence and punishment. Allah سبحانه وتعالى said,
أَلَا يَعْلَمُ مَنْ خَلَقَ وَهُوَ اللَّطِيفُ الْخَبِيرُ
"Does He who created not then know? He is the All-Pervading, the All-Aware."
So in Islam, as it is the will of Allah that is imposed through the judiciary there is no favouritism or privilege based on power or status or any other matter. The rights of the weak are restored to them, regardless of their race, status, gender, school of thought or religion. There is no immunity for the ruler in his violation of Islam and any ruler, be it the Khaleefah or a Wali.
Not only does Islam prevent might being right, it also secures swift justice. Uniquely Islam has no appeal system, with endless circuits in courts of various levels. For once the rule of Allah has been established in a matter, the case is concluded. The only situation of annulment is if the judgement contradicts that which Allah has revealed or it was clear that he contradicted the reality of the case.
Regarding punishment, Islam has stipulated exemplary punishment that act as a deterrent to others from committing crime, whereas the Western punishments have led to ever increasing crime, as well as huge prison populations.
Note: To see the complete policy and relevant articles of the constitution for the Khilafah state, please go to this web link. http://htmediapak.page.tl/policy-matters.htm
The Media Office of Hizb ut-Tahrir in Wilayah of Pakistan
Monday 27 Ramadan 1434 AH