Judiciary, Side Feature, The Khilafah

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 consultative process leading to a constitutional amendment for the continuation of military courts in the country. Military courts were established in January 2015 as part of the National Action Plan, after the horrific attack on Peshawar Army Public School. Their original tenure was set for two years only and at the time of their establishment, the government subdued all critics by saying that civilian courts have not been able to conduct the trial of “terrorists” and convict them effectively. The rulers argued that within two years the civilian courts would be brought up to standard. However, seeking the restoration of military courts after their expiry proves that government is unable to fix the unfixable!

The current civilian judiciary is unfixable because it does not judge by the Quran and Sunnah. The current judiciary is no more than the continuation of the system left by the British Raj occupation. It was designed by colonialists to suppress the Muslims and their Deen which compels them to reject the domination of Kufr and its people. Justice is not to be found for Muslims in this man-made law and therefore any attempt to fix it, is bound to fail. The establishment of military courts does not fix the problem because they as do not judge by Islam either. Whether civilian or military, courts under Democracy are devoid of the essential component for justice, Islam. If Muslims face oppression because of the un-Islamic civilian judiciary, then how will military courts provide justice for Muslims when they judge by the same man-made laws? Indeed, it is well-known that since the National Action Plan began two years ago, hundreds of Ulema and Islamic activists, including the advocates of Khilafah, have been locked up just because they demand that Islam should prevail over all other ways of life. The only real difference between civilian and military courts, is that in military courts, the flagrant suppression of Islam can be hidden from the public, due to the secret nature of their hearings. That is what the regime is seeking, because the National Action Plan is a US plan to suppress the strong Islamic sentiments that resist the US occupation of Afghanistan and Indian occupation of Kashmir.

Allah سبحانه وتعالى not only forbade Muslims from referring in their judgments to the non-Islamic authority (Taghut), He سبحانه وتعالى ordered the Muslims to disbelieve in it.

Allah سبحانه وتعالى said,

أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُواْ بِمَا أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُواْ إِلَى الطَّاغُوتِ وَقَدْ أُمِرُواْ أَن يَكْفُرُواْ بِهِ وَيُرِيدُ الشَّيْطَانُ أَن يُضِلَّهُمْ ضَلاَلاً بَعِيدًا

“Have you seen those who pretend to believe in what has been revealed to you and what has been revealed before you, how they go in their judgment to the Taghut, though they have been ordered to disbelieve in it. But Shaytan’s wish is to lead them astray.”

(Surah An-Nisa’a 4:60)

To secure justice, it is upon the Muslims to embrace fully the Khilafah project and work shoulder to shoulder with the brave Shabab of Hizb ut Tahrir. The only permanent fix for the current courts, whether civilian or military, is to abolish them along with Democracy and establish the Khilafah (Caliphate) on the Method of Prophethood and the Islamic judiciary.


Media Office of Hizb ut Tahrir in Wilayah Pakistan

Thursday, 14th Rabii’ II 1438 AH

12/01/2017 CE

No: PR17003