In a kufr judicial system, inherited from the British, even an angelic judge cannot provide justice to the people. The whole objective of this judicial system was to provide legal cover to the British occupation and oppression. Then how can a judicial system, which is a collection of subjugative laws, provide justice to the masses. Hence the claim by few political parties that by installing an upright and independent judge in the current Taghooti (other than Allah’s) system a just society can be created, amounts to deceiving the people. A judge provides justice based on certain laws and principles and if these laws themselves are unjust and exploitative then how can an independent judge provide justice? If according to the Pakistani law fighting an American occupying army in Afghanistan amounts to terrorism then even a “just” judge has no option but to sentence the person who had done Jihad in Afghanistan. Similarly if taking usury, charging GST, not covering in public, providing US the logistic support, intelligence and ammunition etc. are not even considered crimes under the law of the land then how can an independent judge punish anybody in order to protect the society from the evils of these actions? Thus justice cannot be provided until and unless the laws which determine the crime are not just themselves. In a democratic system these laws are determined by some 300 gods sitting in the parliament whilst in Islam these laws are from Allah (SWT) and hence Khaleefah or Majlis-e-Ummah has no right to change them. Therefore in dictatorship as well as in democracy man has complete control of making lawful unlawful and vice versa; NRO and seventeenth amendment being few such examples. In Khilafah since the Qadhi (judge) is obliged to judge based on what has been revealed by Allah (SWT) this results in a peaceful and just society. All other systems are incapable to provide justice as they are an outcome of an imperfect human intellect which is prone to error. Allah has forewarned us in Qur’an that whosoever judges based on other than what has been revealed by Him will inevitably oppress the people. Allah (SWT)
“Whosoever does not judge by that which Allâh has revealed, such are the Zâlimûn (wrong*doers)”
We would like to warn the Ummah that in this system, which is the legacy of the British rule, no judge can provide justice to the masses and the people would continue to suffer until Islam is completely implemented under the shade of the Khilafah.
Muslim Youth Rise for Islam.
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