Back to Main Page, 21st Century Islamic State
The legal system will be run according to the Shariah.
The system will be an independent arm of the constitution. The system will be
tied in with the educational system of the country and have a meritocratic
basis on the level of Islamic education one has. Thus, a citizen who has taken
Islam as a subject at the high school level will receive one vote, a citizen
having done the same at a college level will receive 5 votes, and a citizen
that has studied Islam at the graduate level will receive 10 votes these votes
will go to electing the Legal institution of the country.
This will include a general body and council that will
discuss and implement legal developments and will also be responsible for
running the judiciary. This voting mechanism (and other similar secondary
voting mechanisms) could run simultaneously with the political continuous flow
elections.
The mandate of the Judiciary will be restricted to those laws that are explicitly given in Islam, to upholding the constitution and to implementing the laws passed by the legislature. The legislature will have no authority in those laws that are explicitly given to us by Allah. However, on all other issues the legislature will be ascendant and the advice of the advice of the judicial Islamic council may be sought but remain non-mandatory.
The police force has to be directly subservient to the
Judiciary. As such, the Judiciary will be able to fire and replace any officer
of the law. Officers will maintain the Muslim equivalent of habeas corpus which
while a western term, is easily supplanted into the time of Prophet Muhammad
(peace be upon him). Citizens of Medina were not unlawfully detained. Further,
examples of the importance for the writ of the law abounds in the example of
Prophet Muhammad (peace be upon him). Examples of impartiality and fairness in the courts of
Medina are also well documented.
The Judiciary will stand as one of the pillars of the Islamic State, and should be independent of the other arms within the constitution.
Back to Main Page, 21st Century Islamic State
0 comments:
Post a Comment