Judiciary, Side Feature, The Khilafah

Unjust Democracy Cannot Deliver Justice

Tanzania and international media outlets reported on Tanzania Judiciary annual commemoration of ‘Law’s Week’ with the theme of further utilizing of Information and Communication Technology (ICT) to enhance efficiency and rapid judiciary process in clearing cases backlogs and general improvement.

Comment:

Democracy was never meant to deliver justice and fairness to general masses; instead, it was conceived to concentrate power and “right” to the might-a few elites, and oppressing ordinary people in general and Muslims specifically.

Oppressive policies in the name of justice, law and order in most cases are directed toward marginalised groups, opponents and those who believe in alternative ideology apart from capitalism, where in this context Muslims are the main target considered as number one criminal.

Many people and particularly Muslims are detained and jailed unjustly while some are being held in custody for years in the pretext of still compelling evidence.

Since democracy separates religion from life and prioritizes benefits and whims over anything, it is inevitable for judges and rulers to be corrupted.

Islam under the Khilafah State grants justice to general masses irrespective of their religions or races whereas all forms of hindrance to justice such as bribes, tortures are strictly prohibited, and it has laid down proper procedure on tendering of evidence. The Prophet ﷺ said: «البيّنة على المدّعي واليمين على من أنكر» “It is the plaintiff who should provide the evidence and the oath is obliged on the one that contest” (Al-Baihaqi).

Islamic Judiciary system under Khilafah State is the only one that has a time-tested record of justice for Muslims and non-Muslims alike, since Islam produces people who fear Allah (swt) who work to gain the pleasure of eternal life of hereafter rather than bending to worldly temporary life. Hence, judges and rulers would be expected to adhere with piety in delivering justices, and if any of them deviates, he will be accounted by powerful institution of Court of Injustices (Mahakatu Madhaliim) and masses fearlessly.

 

Ramadhan Said Njera

Member of the Media Office of Hizb ut Tahrir in Tanzania