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Fake Justice | Alamir Kamal Farag


Injustice is the worst that can be committed. On the other hand, justice is the best that can be done. Being God so just and fair is the most prominent evidence that injustice is not allowed to be committed by man. By tyranny, man misrepresents God by creating his own rules, giving some one generously and prevents the other according to his mood and tendencies, acting like this are the worst sin ever. It looks like when some one entrusts you with some thing and you take it for yourself.

By tyranny, we change the rules of God and the nature of things. The most dangerous kinds of tyranny are that are committed under the name of religion. Now it is a double sin, as it changes God’s rules and commandments, and also it contends lies. God recommended us to administer justice and made it our criterion in life, because by only justice; the society can develop and advance. On the contrary, tyranny makes it diminish and go backwards.

So, the judiciary system is the most important support to help any country to develop. According to the court of justice; all citizens are equal, and all are safe. Without justice, the law of the jungle will appear, in which only the stronger can survive. Weapons can protect the countries from the out side attacks, and justice protect the countries from the inside conflicts between the members of the society. Without justice, instead of one rule that all are equal before it; there will be many. Every one will have his own rule trying to protect himself by his own way. And now, the country will be liable to a real danger.

Talking about the Arab states, each one has a complete judiciary system, but actually each system has its defects. Even in the most democrat states; the rules need to be modified. Being the judiciary system not independent in many countries; are the most obvious defects. In many times, the judiciary system is one of the ruling authorities; it always follows the ruling system. The government controls its finances and responsible for the salaries of its staff, so; and as a natural result; it must be the government’s follow even if it didn’t intend to be.

The judiciary system must be keen, independent, neutral, fair, and subjective. It must not be affected by any thing, and if it be; it wouldn’t be independent, and as a result; it will be unfair.

The court in many times passes sentences that are taken to be acted slowly and after a long time, even it was just; this justice is unfair. Because the fair court of law must be quick to achieve justice. This delaying in taking the court actions may be so late that the prosecutors don’t get their rights. And how many sentences were delayed, so the thief can enjoy his robbery, whatever it is, while the victim suffers and suffers. And these sentences when decided; there will be neither thief nor victim, and then the sentence is useless.

Also there is a dangerous defect in the Arab judiciary system; which is Discrimination. When a citizen is proved to be guilty, he will be sued and punished. On the other hand, when an important person is proved to be guilty, it is different now, he will be just ignored. This is the fake justice that is completely contrary to the Hadith, the prophet Mohammad’s speech, :”If Fatima, my daughter, had stolen, I would cut her hand”. In many countries, the law is acted on the poor people, and is ignored for the powerful lords and politicians.

It was mentioned before that discrimination is the most obvious defect of the Arab judiciary system. And there are many kinds of discrimination, like the discrimination between man and woman, the Muslim and the Christian, the citizen and the visitor, and also it may be between a whole faction and another.

Discrimination is completely contrary to the true concept of justice. The real justice does not make any differences between man and woman, white and black, Muslim and Christian, but actually it consider these differences. By giving a due attention to this subject matter, you will find that these sentences differ according to sex, color, social class, and faction.

When there are some defects in the law, the court itself will have an important role to spread tyranny. In other words, when the court takes an action according to a wrong rule, it will be a problem more serious than passing a wrong judgment or even tyranny itself; because now the law is acting as a support to tyranny and there are many examples for this. How many rules that have many defects and they are contrary to religion, logic, neutrality, and justice. For example; the rules that exempt or commute the sentence from the murderer in the case of the adultery crimes of murder in which the criminal cam kill his mother, sister, or his wife because she committed adultery, and the case ends so easily. Another example for these rules is also that sometimes the sentence is not enough as a punishment for a certain crime which was committed. Like; the sentence of the manslaughter is three years in prison, the punishment of the robbery of some precious goods of a historic value is to spend a year or two in prison, and the robbery of millions is hugged to spend few years in prison.

There are some gaps and defects in the body of law. These defects are used by lawyers to release the criminals out from jail or to commute there death sentences. Even the criminal themselves now became aware of these gaps and think about every thing before acting their crimes. I can never forget that I had once talked to a criminal who was accused of manslaughter; he told me that one should hit the person many times before killing him, so the case is changed from being a premeditated murder to be manslaughter. And then, the punishment can’t be more than three years in prison.

Also the Court of Cassation has a rule to obstruct justice, as some lawyers use the gaps of the law to commute the punishment. This is exactly what had happened when ten men kidnapped a housewife and raped her. They all were passed a death sentences, but the Court of Cassation decided to persecute them before another court.

In countries there are both the law of constitution and the law of customs and traditions, which some times are stronger in authority than the rules of law. And the government surrenders to the traditions of its people even if they, the traditions, were not just. For example: revenge someone’s death, adultery, or the conversion to another religion. And this had happened to a Christian Egyptian woman who had converted to Islam. The Egyptian government delivered her to the church ignoring the rule of protecting the Muslims, to avoid troubles with the church. After that it was said that she had been killed.

Sometimes the court takes over some quotes from religion texts, for example the Holy Quraan or the Hadith, and explains them according to its mood and judge by analogy on these quotes and as a result the sentence will not be fair. The most dangerous defect of judging by this way is that it makes us misunderstand the rules of our religion, whatever our religion is, and the natural result will be the misrepresentation of the religion. We can remember the judgment of divorce, because of the wife and her husband doesn’t belong to the same social class, as an example for the misunderstanding of the rules imposed by religion.

We can’t go without talking about the fake justice in whom the criminals and murderers are the judges and control the court passing unfair terrible sentences; this is called “The Political Court”. What happens in Israel now is a good example for it. They pass sentences to seize the land, destroy the public estates, capture ladies and girls, and kill children. This is the real job of the Political Court in Israel. All of these terrible things are going on while they claim being democrat and just. And actually they use their courts to achieve their plans of seizing, destroying, and capturing the Palestine people.

Now we can figure out that justice in the Arab states is restricted or even absent. Although there were some good examples for the just independent courts along the history, the Arab judiciary system still needs to be modified, and may be this is the reason behind many political and social problems in the Arab countries. So, the just judiciary system is our only way to develop and advance, and also it will enable us to solve many problems; such as unemployment and other problems. The independence of this system is the first step to achieve this.

تاريخ الإضافة: 2014-04-04 تعليق: 0 عدد المشاهدات :199
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