On The Need Of Justice In Pakistan
Constitution is Supreme. No one should be permitted to abrogate or cap constitution. All decisions of the courts must be according to constitution and law. No one is above law. The one and only hope of Pakistanis is the Supreme Court of Pakistan.
The parliament of Pakistan makes laws which are interpreted and enforced by the courts. The Supreme Court of Pakistan decides the cases according to law and constitution. Sometimes some provisions and articles need explicit elaboration and come under grey area. Then, the cases are decided according to possible legal and logical interpretations.
In Pakistan people have faith in the Supreme Court and consider it the last resort, though in lower courts, they have lost their faith. Pakistan is called an Islamic democratic welfare state. Is it so? Not at all; Pakistan, practically speaking, is not an Islamic state because the Islamic laws are not implemented in Pakistan. It is not a democratic country, as for years, it has been governed by military rulers and even the prevalent democracy is a feudal and capitalist democracy. It is not a welfare state, as there is no equality and equity in our social and economic systems. The Eighty present people are poor and hand to mouth. There is no social justice. Under the circumstances, the downtrodden classes live in a miserable condition. The rich people rule and the have-nots are ruled. Justice, whether legal, political, economic or social, needs to be implemented if we want to make Pakistan an Islamic democratic welfare state.
Being Muslims, we must know the importance of Justice as laid down in the Holy Quran. This ordain is for all humanity to establish a state based on the principles of justice.
According to the Arabic lexicon the word “Adl” means justice. The antonym of “Adl” in Arabic language is “Zulm” which means oppression. Great Greek philosopher Aristotle had said that whoever takes more than his due is considered to be unjust and unfair person. Are not the Pakistani government officials enjoying the perks and privileges at the cast of poor people? Are not our feudal lords, businessmen and the people of different professions looting the public?
The Holy Quran ordains not to possess more wealth than basic need. The surplus money has to be given to the poor people in alms, or the Islamic government can confiscate extra wealth from its citizens. Karl Marx presented his economic theory “Surplus Value” in his book titled “The Capital” which is the economic notion of the Holy Quran. One of the attributive names of Allah is “Adil”. About justice, there are many verses in the Holy Quran. I just cite a few.
“And Allah will judge with (justice) and truth.” (40: 20).
According to the Holy Quran, justice is the supreme virtue. It says:
”Allah commands justice and fair dealing.” (16: 90).
The implementation of justice is highly recommended in the Holy Quran. It says:
”O; you who believe! Stand out firmly for justice, as witness to Allah, even if it be against yourselves, your parents, and your relatives, or whether it is against the rich or the poor” (4: 135).
I would like to quote an address of the Holy Prophet which he delivered before Al-Makhzum tribe, whose lady was caught while stealing substantial amount. Those people sent Asama to intercede. The Holy Prophet rebuffed and rejected the recommendation and addressed the people by saying:
”O; people! The nations before you were destroyed because they were used to inflict the legal punishment on a weak person and forgive an influential person. By Allah, if Fatima (my daughter) had stolen, I would have cut off her hands.”
Under all the circumstances, justice has to be administered. The Quranic standard of justice transcends all considerations, conveniences and speculations of racial discrimination and religious affiliations and affinities.
Now, we should be vigorously vigilant in administering justice in our society and state. Most of the top ranking politicians and rulers of Pakistan are my friends. I have been meeting them and putting solid proposals to them for making Pakistan an Islamic democratic welfare state. I don’t want to hurt the feelings of their fans and followers by telling them that all of them are only interested in self and power. They believe in hereditary politics. They sling mud on others shamelessly, while they are deeply sunk into slush. Unless, a Lenin, a Mao, a Khomeini comes, Pakistanis will remain wretched as they are at present. When people lose faith in judiciary, then that country has no future. When some judges are accused to be partisans by some political parties, then we must await our total national collapse.
I am not a pessimist. I still believe that there are the men of wisdom, piety, integrity, honesty and dignity in our apex court who decide the matters/cases on merit and protect the sanctity of constitution. In the words of Jesus Christ they are the salt of earth and in the words of the Holy Quran, they are the “Men of Piety”. May Allah bless them. They are our hope and light in the dark and dreary dungeons of our afflictions.
The politicians are hostile and challenging each other like enemies. Politics is not hostility or enmity. Young and immature politicians from all parties are addressing press conferences and public meetings arousing the antagonistic feelings in their supporters full of fury. This will lead to civil war. The establishment is being cursed and condemned for its involvement in politics since the creation of Pakistan. It is very dangerous for the stability of Pakistan. Constitution is Supreme. No one should be permitted to abrogate or cap constitution. All decisions of the courts must be according to constitution and law. No one is above law. The one and only hope of Pakistanis is the Supreme Court of Pakistan. May Allah save Pakistan. Amen