Professional Documents
Culture Documents
system
9/22/22
Criterion for Justice
ْح ِّـق لِتَ ْح ُك َم ل ا ِ
ب ٰبت ِ ك ال
ْك ي ل
َ ِاِنَّاۤ اَْنزلْناۤ ا
َ َ َ ْ ََ
Freedom ك ال ٰلّ هُ ؕ َواَل تَ ُك ْن
َ َّاس بِ َماۤ اَ ٰرٮ ِ َب ْي َن الن
Human Mind ص ْي ًماِ ۙ لِّـ ْل َخٓا ِٕٮنِْين َخ
َ
(நபியே!) அல்லாஹ் உமக்கு
Equality
அறிவித்ததைக் கொண்டு, நீர்
Basis for
providing justice மனிதர்களிடையே தீர்ப்பு
வழங்குவதற்காக, முற்றிலும்
Quran
உண்மையைக் கொண்டுள்ள
Divine இவ்வேதத்தை நிச்சயமாக நாம்
உம்மீது இறக்கியுள்ளோம்;
Sunnah
எனவே சதி மோசக்காரர்கள்
சார்பில் வாதாடுபவராகி
விடாதீர்.
Case Study #1 : Aafiya Siqqiqui
one of her kidneys had been removed.
her teeth had been removed.
her nose had been broken, and improperly reset.
she was charged on two counts of attempted murder of US
nationals, officers, and employees, assault with a deadly
weapon.
Siddiqui was sentenced to 86 years in prison by Judge Berman
on 23 September 2010.
3. The Archaeological Survey of India’s (ASI) report that 3. The Islamic Judiciary system strives to implement
cites that there was a structure beneath the foundations justice and fairness within the bounds of Allah’s
of Babri Masjid though it is not ascertained whether it Shariah and does not require a majority to
was a temple. support.
Case Study #3: SIMI links
September 27, 2001 banned SIMI. A court in Gujarat’s Surat acquitted 122 persons
arrested under Unlawful Activities Prevention Act
Swift Justice
They did not belong to the SIMI and had gathered No International Jurisdiction
there to participate in a seminar organised under the
banner of All India Minority Education Board.
Fallacy of Judiciary System
Islam as an Alternate
Current Judiciary Islamic Judiciary
Emergency declaration suspends the constitution No one is Above the law {}ا ـ ــلمظلمة
incl. Judiciary – Judiciary Immunity
Power to pardon – Mercy petition لو كانت فاطمـة سرقت لقطعت يدها
Judgement by a bench/Jury Single Judge for the single case
bailable and non bailable (Personal Freedom) No Remand
36000000
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Nov-19 Feb-20 Sep-20
Pending Cases
Things to remember
Mind cannot provide the correct basis for justice
Only the creator can provide the correct basis for justice, following which
we can create a just society.
Implementing any system correctly one can serve justice to the people. -
WRONG
Things to remember
Justice cannot be achieved until the following principles are not built on
“Divine Law” :
1. Laws that define a crime
2. Laws of Investigation
3. Laws of Witness and Conviction
4. Punishing the guilty as he deserves
5. Laws of Forgiveness
6. Independency of Judiciary
7. Qualification of Judges
Definition
The Khilafah’s judiciary is responsible for issuing judgments that are enforced by
the state. Its responsibility covers three main areas: