News & Comment
The Spineless Law Gives Room to the Criminals to Become Above It

News:

The Islamabad High Court (IHC) has issued a show-cause notice for contempt of court to Interior Minister Ahsan Iqbal over his failure to take steps ordered by the court to end the sit-in that has created a logistic mess in Islamabad. (Source: Dawn)

Comment:

The sit-in at Islamabad started around 17 days back and has made people’s lives difficult in many ways, from difficulty in commuting between the twin cities of Rawalpindi and Islamabad to mental pressures of an unsettled political situation and jeopardized religious sentiment. Putting aside the debate of how it started and the possibilities of the agencies being involved in instigating the protest for multiple purposes, from keeping people busy and making them believe that they have some power and they are accounting the rulers to keeping the puppet rulers under their thumb. This also shows the distrust by the people of the Government in regard to religious matters. Above all of this comes a contempt of court notice to the Interior Minister and that must raise some questions, what is contempt of Court and what makes The Court so sacred? Is the Court accountable to someone? Whose law is it working on and implementing?

In an Islamic society, the Court is a place to judge if something happens in disobedience of the Almighty and it is dealt with according to the orders of Quran and Sunnah. Matters are reported to the Qadhi (judge) and issues are taken to the court and quick justice according to the Ahkam Shariah is in access of people and this brings harmony and contentment in the Society. Disobedience of the Court’s orders is thus considered disobedience of the almighty. In Pakistan right now these Courts are maintaining the authority of the capitalist system. And different institutions under this system are like a monster with multiple heads, each trying to maintain its authority over the others to get the biggest share of the prey. The master and slave mentality is working in the Judiciary of Pakistan. And the self-imposed masters and judges have the self-proclaimed honour and respect to protect. The Judiciary in Pakistan like all other institutions is also working in the interest of greater western interest. Jails are full of people waiting for justice and number of innocent people rotting in jails is also an indication of wrong implementation of justice system. There are many famous cases where an innocent victim did not get justice because the criminal party belonged to an influential family.

All Muslims believe in honouring holy Prophet (saw) and the real honour is to bring back the way of rule implemented by him (saw) on the command of Allah (swt). According to the Article 75 of Draft Constitution of Khilafah State Judgeship is the pronouncement of the verdict in a binding way. It settles the disputes among people, prevents that which harms the community’s rights and eliminates the disputes arising between people and members of the ruling apparatus – rulers and employees – including the Khaleefah and those of lesser rank. The Khilafah (Caliphate) established on the way of Prophethood is the only way to protect the honour of Islam. Allah (swt) says in Surah al Ma’idah,

﴿يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ لِلَّهِ شُهَدَاءَ بِالْقِسْطِ وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَىٰ وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ خَبِيرٌ بِمَا تَعْمَلُونَ﴾

“O believers! Stand-up firmly by the Commandments of Allah, bearing witness with justice and let not the enmity of any people incite you that you should not do justice. Do justice that is nearer to piety and fear Allah, undoubtedly, Allah is aware of your doings.”

Written for the Central Media Office of Hizb ut Tahrir by
Ikhlaq Jehan