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Stands >2005 Stands >The Stand of Shaban 30, 1426H /October 04, 2005 A.D.
 

The corrupt Judiciary System

Sayyed Fadlullah: The problem lies in this world silence towards this injustice and these unfair judgments. It also lies in the peoples’ yielding to this game that is run by the intelligence agencies as well as the media in the West so that unjust judgments could be issued on both individuals and groups.

Asked in his weekly seminar the following question: How do you view the judiciary system, especially that its task has been influenced by political pressures?

The Religious Authority, Sayyed Muhammad Hussein Fadlullah, said:

Islam has always laid special emphasis on the Judiciary, being the power that organizes human life at all levels, including the political, economic and the social. No stable society can be sustained without a judiciary system that is based, in its principles and goals, on serving justice, by punishing the wrongdoer and ensuring that the wronged attains his right.

That is why this post – that of the judge, was held by prophets in the first place (o Dawood ! Surely we have made you a ruler in the land; so judge between men with justice and do not follow desire, lest it should lead you astray from the path of Allah; (as for) those who go astray from the path of Allah, they shall surely have a severe punishment, because they forgot the day of reckoning). (38:26) being the most worthy of carrying the burden of this immense task of establishing justice on earth.

In this respect, Islam has instituted a set of rules that ensures the effectiveness, and impartiality of the judiciary.

Some of these rules have to do with the judge’s personal qualifications, for he should be just and righteous, because if one is not just with himself he could not be trusted to be just with others.

The rules also dealt with the witnesses, punishing those who commit perjury, but also focusing on their personality and their righteousness. The conditions of justice and righteousness of the judge also presumes that he should be able to resist all temptations, lest he would lose his ability to be just and be no longer qualified to rule among people.

Islam does not allow those who do not possess the quality of piety and knowledge to perform the task of judging. It is regrettable that some should consider this job as just a post to improve the social or public status, or extend influence and privileges.

Islam also focused on the part that has to do with evidence. it refused all speculations and insisted that they should be clear and solid.

The judge has to curb all his personal desires and instincts when judging the credibility of any evidence, because his ruling will constitute a grief moral and material condemnation for the accused.

Thus he should thoroughly study the evidence so as he will not wrong anybody, this committing a crime that might not be less dangerous that the crime he is investigating.

Moreover, his crime does not only abuse the accused but also the judiciary system itself, for it contributes in losing its credibility and puts it under public suspicion.

Islam prevents those who are not qualified to take part in this process, as in the jury system that is adopted in the United States. We doubt the credibility of this system, especially that there are no guarantees that protect the jurors from emotional or other influences, hindering the establishment of justice, which is the goal of the process in the first place.

The problem with many of the trials in several western countries is that it is done in an inadequate judicial environment. Judgments are issued in haste, with no sound evidence, especially if the accused is a Muslim or if the case serves the general atmosphere that the media or the Administrations want to spread. Unfortunately, this is also reflected in many of the trials or investigations in our countries, where the political issue is dominant, whether in the indictment or the process of the trial or the investigations, where some will know the judgment before the trials takes place, and where the politicians and the media will turn into judges who would pronounce judgment or direct the public opinion through political or emotional pressures to influence the courts.

In the world at large there is a big injustice that resulted from using international laws to serve certain administrations, while many countries remain immune from any prosecution, as in the case of Israel that violates all international laws and treaties, without being tried by the international community. Meanwhile, America whose former secretary of State Colin Powel says he is ashamed of his speech in the UN in which he talked about WMDs in Iraq, continues its wars and big lies on the region, without any confrontation from the UN or the International community. On the contrary, some European countries make new political deals with it to ensure that they will have some influence or some political gains in this or that place whether in our region or outside it.

The problem lies in this world silence towards this injustice and these unfair judgments. It also lies in the peoples’ yielding to this game that is run by the intelligence agencies as well as the media in the West so that unjust judgments could be issued on both individuals and groups. This yielding has extended even to the religious domain, making the situation in urgent need for a political surgical operation, as well as a change in the mentality in the social domain.

We have to use our minds to be able to see clearly what is actually happening, before we become a tool in our enemy's projects, their aggressions and their criminal deals.