Islam demands an upgraded Legal Sysyem

As I had said on another post, all of these posts are only my thoughts and opinions on a given day, they are not absolute truth and I may even change my mind about what I think after you guys, the readers, have commented. I am not blogging to teach, I am blogging to learn and share thoughts. For me to be strait jacketed into what I last said would be to hinder my freedom of thought, and I would love to promote freedom if and where possible!

The Legal system in the Muslim world must be completely overhauled and modernized if it is to be true to the Qur'anic command to seek objectivity in the pursuit of justice.

This here is my case for this claim.

The Qur'an demands absolute objectivity.

"O ye who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah is well-acquainted with all that ye do." [An-Nisa 4:35]

The Qur'an also commands us to use science and reason to ascertain truth.

[Lo! In the creation of the heavens and the earth and (in) the difference of night and day are tokens (of His sovereignty) for men of understanding] (Aal `Imran 3:190).

[Have they not observed all thing that Allah hath created] (An-Nahl 16:48). (This is the basic philosophy behind science.)

[Will they not regard the camels, how they are created?] (Al-Ghashiyah 88:17).

[Have ye then no sense?] (Ya-Sin 36:68).

The Qur'anic Command to pursue objective justice and to use science to do so is being betrayed by much of the Muslim world in the name of Islam.

To fail to be scrutinizing using science in any court case is a grotesque violation of the Qur'ans Amr (command). Shariah Law as we know it is a shocking betrayal of the Qur'an's command for Adhaalath (social justice and equity for all).

For example, if a man denies that he is the Father of a child, it is not good enough that he be let free from being resposible for that child whilst the woman is whipped for zina. This cruel injustice is happening too much in the name of Islam all over the world. In the name of Islam, this injustice and others, perpetrated by the so called Shariah Law MUST be resisted immediately if we are to obey the Qur'an's command to use science and reason and do justice objectively.

Those in the time of Prophet Mohammed (SAW) were as scrutinizing in judgement as what they could possibly be given their technology and understanding. The ideas behind the four male wittnesses was an attempt to present as much evidence as possible. The principle that was being applied was, do the uttmost best to gather as much evidence as possible. With science and new understanding's, to stick to just depending on four male wittnesses because it is what was practiced then is being true to the letter of the law, but it is a betrayal of the intention of the law. In our example of a pregnancy, a DNA test must be ordered, science and reason must be used to determine the truth and enforce that man to take responsibility should he be the Father.

What if your children were put to death for a crime that was made up – false? False charges occur very frequently.

What if the drug dealers and corrupt ones who control court rooms in much of the world killed your Son or daughter on charges of “terror” or manufactured charges of murder, Zina or anything – but all your children really did was try to prevent the drug dealers from harming the ppl – and were killed for that based on some false charges made up that they committed zina?

As the Ummah is as one body, and one feels the pain of every other– I cannot but help fend for the potential victims of injustice under a system which does see the rich and powerful use the legal system to exterminate their enemies unjustly.

Think about all those who stood up against tyrants in world history, imagine if they had of been killed by the State in the Name of Islam even though they were fighting for True Islam which is Peace and Justice. Real peace cannot exist in the absence of justice-. How many crimes were manufactured against the activists of history?

It seems that in the system we have, to be a person of love, which implies standing up for the downtrodden, sick and oppressed, is to sacrifice yourself. Truth and love suffer in this unjust world, but that suffering must be embraced for others if one is to be true to the Islamic command to be 'a shield for others' (Sahih Bukhari and Muslim.)

To suffer for truth, for love, is hard, but it is the only path one can take if they are to fill the existential aching for Allah placed in the heart of every human.

Please consider Islam properly and deeply, obey the Word of Allah – .

In the the current system… The real criminals walk away from the courts – in fact control the courts, and that does not look like it can be changed! So, the killers and the drug dealers will be killing the innocent and oppressed in the name of implementing Islamic Law, does that sound like Islam to you? That is serious Fitnah (dissension) from Islam…

The Hukm (Law) is deeply sacred, it is a massive Amanah (trust) which must never be taken lightly or under estimated. Allah is Al Quddus, the Holy, and every injustice is made right in the Qiyamat. Read the Hadith about what is in store in Jahannum for Muslim leader’s who missapply the Shariah Law for political ends or for the wrong Niyat. A Judge is to be held accountable for his motives, it is a massive Zalim (darkness - injustice) to missapply the Hudud.

I do advise anyone wishing to implement the Law to be aware not to play politics with the Sacred Law.

On many occasions, the Prophet (SAW) did not implement the death penalty (Rajm) for certain Hadd level crimes although others frantically pushed for it to be implemented. This was because, absolute objectivity could not always be guarenteed in the decision-making procedure.

For example, in the Hadiths of Bukhari and Muslim, as narrated through Sahih Isnad (a reliable chain of narration) we read about some Muslims killing other Muslims because they were 'not Muslim...' They said Shahada only at the edge of the sword, it was claimed. In response to the claim that their Shahada was not genuine, the Prophet (SAW) said, "Did you cut their hearts open to see the Niyat (the quality of intention) of their hearts?'

The point being, if there is any chance that there could be a mistake, then only Allah (SWT) can judge in the Qiyamath, the judgement which is in the Akhira - the after life. Unless absolute objectivity can be guarenteed, the Prophet did not implement or advise Hadd.

On other occasions, according to Sahih Isnad in Bukhari and Muslim, it was obvious that a child was not the child of the father who thought they were the father. For Malsahah (social utlity) the Prophet (SAW) said, the child belongs to whose bed on which it was born. It was not beneficial to prescribe Hadd though it was technically due. The Merciful essence of Islam and the Islamic intent of social harmony, social justice, would be betrayed by Hadd in such circumstances although Hadd was techically due.

Application of Shariah always gives the benefit of the doubt, very rarely was Hadd applied by the earliest Muslims and Madhab, it was Sunnah to give the benefit of the doubt.

A Qadi must be a qualified Mujtahid and must investigate the issue extensively before making a decision. Notice the word Mujtahid, notice how this word for study and decision making about the Law requires Jihad – striving or struggle - as is contained in the word. If a Judge exhausts all avenues of possible doubt, only then will he be rewarded for decision making, and those doubts include ones own heart’s doubts!

The spirit of Islam demands the thorough exhaustion of all avenues of doubt and the best use of science possible in the legal decision making procedure.

This Qur'anic insistence on reason, science and justice commands an upgraded legal system in Muslim countries. Be true to Islam, fight for a thourough, objective legal system and a properly trained, objective judiciary in the Muslim world should you claim to be one who obeys the Qur'an!