THE ENLIGHTENED THINKER
We've all
heard the tragic news of the killing of Muzammil Hossenbacus, a young motorcyclist
who died in a hit-and-run. This was even more shocking as the alleged driver,
who was claimed to be drunk and to have escaped the scene, was soon on bail.
This is an insult that many consider to be a sore reminder that in cases where
the victim is an average citizen and the accused is a socially privileged
person, justice is hard to come by.
The fact
that a life has been lost has not only increased public frustration, but also the
fact that the goal of the system was to safeguard lives and yet it appears
unable to provide justice in this case. It is not a single failure in this
case. It demonstrates that the judicial and legal system has a repetitive
pattern: it is characterized by long delays, inconsistent sentencing, and
loopholes that allow criminals to evade responsibility.
Families
who lose someone live with more emotional pain when the accused is set free as
the trial process takes years to be completed. It is not merely an emotional perception
but it is also a systemic problem. In circumstances where the law can be bargained,
where procedures are biased towards the wealthy and where judgements appear to
have no connection with duty, faith in the judicial system is undermined.
The origin
of the issue is in the principles of the man-made legislative systems. The system
focuses on procedural legality and not on moral accountability. Punishments are
more likely to be based on policy trends rather than justice. The
interpretation of rights is based on secularism, which disconnects itself with
the Creator but it adheres to the changing tastes of humans. Under this system,
real justice can not exist since justice must have a moral law above human
wants.
The
Islamic viewpoint is based on totally different premises. Allah swt orders:
"O you who have believed, be persistently standing firm in justice,
witnesses for Allah, even if it be against yourselves or parents and relatives.
Whether one is rich or poor, Allah is more worthy of both. So follow not
[personal] inclination, lest you not be just. And if you distort [your
testimony] or refuse [to give it], then indeed Allah is ever, of what you do,
Aware (TMQ 4:135).
It is not
relative, negotiable or due to class and influence that justice is delivered in
Islam; It is a divine obligation. The judicial system is independent and is
only restricted by the Shari'ah. Crimes like wanton killing, causing harm
carelessly and leaving a wounded person are meticulously categorized and each
has a specific ruling which includes monetary compensation, criminal
responsibility, and even capital punishment, which seems to be a taboo subject
in the secular world today.
These judgments cannot be avoided by any official, influential individual, or rich family. In the Khilafah, there is speed, transparency and justice is based on divine law, not legal technicalities. The life of each citizen, in this context, is safe and the loss of life is taken with the gravity to which Allah swt has ordered it.
This tragic story discloses human evil, as well as the inadequacy of
man-made systems. True justice can only be present in a society where
sovereignty belongs to Allah swt.
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