Shariat courts jurisdiction is only within Shariat law

0
649

The Attorney General for Pakistan has challenged the Federal Shariat Court’s jurisdiction in abolishing the interest-based financial system. This news appears in the local English daily, yet no voice against this act from Muslim rulers?The simple answer to this act of Muslim rulers is, the Federal Shariat Courts function in the Jurisdiction of Shariat law, and Shariat law is the prime law of the Islamic State. A man or an authority cannot fix the jurisdiction of Shariat law and the courts that functions on Shariat Law.Faithful Muslims cannot think to challenge the verdict under the Shariat law and act against Shariat Court’s verdict under the Shariat Law in. This challenging is an insult of Shariat law and Shariat Courts. Attorney General of Pakistan should guide the State not to challenge against the verdict of Shariat Courts and avoid taking the authority of Almighty Allah non-seriously and appointment of Chairman PCB as a dominant and vital part of a state affair.
Main Nawaz Sharif’s three rises and three falls in insulting, is an example of such activities when he instructed his Attorney Generals in three of his governments to do the same as what the Attorney General of Pakistan is trying now. Still, someone feels to argue on this topic? Please read the summary of the arguments on this topic by Mr. Anwar Mansoor Khan, Former Judge High Court of Sindh, former Attorney General of Pakistan who is on call on the subject by Supreme Court of Pakistan.
The argument on Riba and Interest is useless until finding the correct and applicable definition of “Interest” in the Holy Quran. However Holy Quran defines the Riba as an act of the Devil, and it is a Sin. It is better to argue Riba and Interest on economic grounds and not on Deen. To understand the reality behind the concept of Riba, Interest and Profit, it is impossible to amend in the Shariat law. It is evident with the verses quoted as:
“This day have I perfected your religion for you and completed My favor unto you, and have chosen for you as Deen “Verse 5:3 (Al-Madinah).
What is Shariah Law? The Law of Deen, and “Deen” is the system of lifestyle,that differs from religion,due to two obligatory rightsthat have been interlinking to each other since the horizon of Islam. These are the “Rights of Almighty Allah” and the “Rights of Humanity”. Shariatis the law that lays down the main principles for man’s spiritual, psychological, and physical behavior in his life to be faithful to Deen. It categorizes the Ummah for obligatory, recommended, permitted, discouraged, and forbidden. Islam prohibits receiving, giving, dealing, writing or witnessing any Riba act and transaction for hazardous investment, gambling in all forms, prostitution, alcohol production, distribution, trading and consumption, or dealing and using any consumable or useable that is harmful to humanity. At the same time, absolute faith in the Almighty Allah, Holy Quran and Prophet Muhammad Sallaho Wa Alay Wassalam are the three sources of Islamic Shariah Law for Muslims, to act.
The Federal Shariat Court’s judgment on Riba proves Riba as a blend of Evil and Sin, whereas in common law, a Social Crime. Interest is one of the categories of Riba and elimination of Interest from the monetary affairs in the argument for which State directed the Attorney General of Pakistan to move against. For the last 19 years, Shariat Law has been superseding by a man law, and strangely all high judicial institutions using their authority and jurisdiction reviewing under the man law, significant decisions of the Federal Shariat Court?
Further to the Attorney General’s argument, he informs the Supreme Court of Pakistan that the Federal Shariat Court is not empowered to hear any matter related to any provision of the Constitution. Is the Constitution being above to the Commandments of Almighty Allah? That is an insult to the Federal Shariat Court, its Judges and the Shariat law under which the Federal Shariat Court verdict announces. He further said that plans for actions would be formulating legally and constitutionally to abolish the interest-based system and argued that the government and parliament want to implement all laws following the principles of Islam. This work will be completing through legislation.
Can we assume that government and parliament are above the Prophet Muhammad Sallaho Waley Wassalam and the four Khalifs of Islam? The Holy persons completed and implemented the Islamic Law according to the directive defined in the Holy Quran, explained in Hadith and practice by Muslim Ummah for the last over fourteen centuries,since the emerging of Islam. Before challenging or arguing this topic related to “Deen” and clearly explains as the directive of Almighty Allah, there is no provision left for arguments and clarifications because clarity is undoubtful.
What Holy Quran explaining on the act of State and State Attorney?
“Whoever searches for anything, other than Islam, it will not be accepted” [Ale Imran,the Ayah 85].
“Those who find provisions and explanation in the directive of Almighty Allah, it is a reminder that, they have made Allah ‘s associates(polytheism) who make Deen forthem, even though Allah does notpermit it”[Surah Shoora: Ayah 21]
“And those people who do not makejudgments according to which Allahhas revealed are non-believers”[Surah Maida: Ayah 44]
Following to the above what Prophet Muhammad (Sallallaho-u-Alaihi-Wa-Sallam) said? “Whoeverintroduces a new thing in our Deenwill be rejected”[Saheeh Bukhari and Saheeh Muslim].
These four directives confirm that Deen reached completion and protecting Shariat Law from any amendment inthe Prophet Muhammad Sallallaho-u-Alaihi-Wa-Sallam’s lifetime. Therefore, anything other than Deen is not acceptable.Making Deen is Allah’s duty, and anything or any act otherthan Islam as part of Deen commits”Shirk”. It has to be very clearly an understanding to all concerned, and only Deen is from Allah, nothing besides that, and those who make judgments fromanything other than what Allah hasrevealed, are non-believers.
Why is the government stressingsuch a sensitive topic? Federal Shariat Court clear verdict is on record and accepted by the people of Pakistan as a clear interpretation of the directives of Almighty Allah? Challenging the verdict is the challenge to the knowledge and understanding of three-member Judges who had given the ruling and enjoying a reputation of Islamic Scholars, Experts in Islamic Jurisprudence and internationally acclaimed for their contribution to Islamic Law, Islamic Economic and Islamic Finance.
We should understand that Riba is primarily an economic issue because all religions and mythologies have prohibited, restricted, discouraged, disliked, or degraded Riba in one way or another since the beginning of human contact or interaction. All three significant followings, i.e. Islam, Christianity, and Judaism, have strongly condemned and prohibited Riba in its original versions. Western economists have discussed the issue at large in the twentieth century. Many of them have a similar view that prohibition in the Shariat law should bring into the people’s wide awakening.
The word “Riba” is an Arabic word driven form “Ribh”. It means excess, increase in double to the principle or addition to the direction against, the Islamic guidance for commercial and business practices, and correctly interpreted according to Shariah terminology as:”Any earning, income, profit or benefits being earning, taking or receiving through unfair means, bad intentions, shady practices or wicked participation are classifying as Riba which are not only treated as immoral, injustice and filthy but furthermore damaging to the socio-economic life of the society, as these earning leads to crimes of different nature, cruelty, exploitation and self-important.
Having unfairness in the practice of Riba, which creates injustice and selfishness, is against the principles for a better community; therefore, Allah has forbidden Riba strictly to stop the birth of criminal actions. That is the reason if we study Riba and its nature in economic activities, it clearly shows Riba as a combination of evil, sins, or a bad practice to earn and gain. Riba is amongst the seven heinous sins,” narrated by Al-Saba Al-Mubiqat, which is standard practice but considered as sin.
Moses (May Allah be blessings) informed his followers of Riba prohibition through the 22nd verses of the “Exodus”.It was further clarifying inVersus 23rd of the Deuteronomy. Whereas “Usury” prohibition is prevailing since the beginning of Christianity, it remained until the uprising of the reform movement and the split of Churches through the Polish Church of Rome. All the churches agreed to prohibit Riba in money matters and human lifestyle, as Riba is an act of “Social Crime”.
Riba knew before Islam as unlawful and had in three primary forms: Riba Al Nassiah (Riba in money), Riba Al Efadal (Riba through Commodity) and Riba Al Garrar (By Men acts, intentions and services).
Islam has a complete ethical system that is interlinking by a realistic approach. Ethics and reality cannot separate in Islam and cannot be practice alone. Islam has clearly stated the benefits of ethics and truth to follow by the followers in their daily life. Successful Islamic economics does not ascend without ethics and cannot be separate from the reality of life and its rational approach. The practical life of people cannot prosper without proper ethics. Riba practices corrupt the individual’s ethics, behavior, and feelings towards the community. It also corrupts human life, culture and the relationship by spreading the spirit of greed, selfishness, sneakiness and gambling in general.
Today, investing capital on guaranteed returns is a common practice, and charging over to loan is Interest, which is one of the categories of Riba. Any payment of premium on loan under guarantee by the borrower to a lender is “Shirk”. Interest is polytheism (Shirk) as man is not empowered to guarantee the future acts and results of the transactions or plans in future in the present time or on the spot.
Federal Shariat Court verdict on Riba and Interest is evident that money lent on higher Interest does not grow practical projects, but seeks the most lucrative opportunity, even if profit comes from the lowest and meanest tendency. It is impossible to augment the world’s economy under the current scenario, or shortly by treating Riba as an essential factor and considering Interest as a fundamental part of monitory practicesby involving Riba or Interest as the myth, or treatment as beneficial for those who benefit from these are gigantic organizations. The true intention to eliminate Riba from financial matters in the Islamic and non-Islamic nations, determines the restoration of freedom from the myth of these international player’s factions. When applied, it seeks decency, happiness, blessings, and cleanliness of morals and purity of community; moreover, the arena is open to the other rationalized system according to Allah’s will for humanity.
Humans should have a firm belief that avoiding whatever Creator has prohibited can develop human life in a better and fair way. It must be kept as a solid belief to restrain from false and evil acts for the betterment of life, with its development and growth in harmony. Almighty Allah is the Creator of this life and makes man custodian of all the blessings for humanity. Man’s determination towards the Creator overcomes all, and guides man to the right path. It is also impossible for humans to raise the community in prosperity or the perception that wickedness can show the way to advancement, if going against the prohibitions of the Creator.
The verdict says that Shariat Law provides Social Justice to each member belonging to the particular society according to their deeds and acts. Nevertheless, ignorance of the teaching of Islam for Muslims diverts the responsibility for all who understand Islam. Any action or material that relates to Islam’s beliefs that are misinterpreting for the benefits and privileges, the punishment to such acts remains similar at any moment or time. Islam put the responsibility on knowledge and ask the ignorant to follow and know so that innocent should not remain handicap. Riba provides suffering and acts as a hurdle between the growths of a society.
The world has a diversified population having different cultures, beliefs, executions, deeds, thinking and understanding. Any individual who arrives at the age of wisdom and maturity selects away. Islam allows everyone to use his cerebral powers and acceptability to his mental capacity. Islam directs the man to seek knowledge as much as possible and select his best way or path, based on that knowledge and experience. Islam also accepts that man is not 100% perfect for making the best of the decisions. Unity, faith and discipline are the principles that make humanity grow. The concept of evil and the Devil provides an opportunity for a man to accept the best or worst. The Riba theory and concept is the test of greed and content.
The summary of nineteen years argument is visible today that the country has the majority of the Muslim population and Islam is practicing by minority population in daily affairs. The nation to Islamic following lies in saying “Actions are judge by the intentions” and ” Will is there, the way is visible, for the better, in the best of humanity”. Riba applications in all sectors of our life which misery to society,whereas Riba should not exist where Islam exists. It should be the clear understanding of a citizen of Pakistan that Shariat is a law that has no amendment, ifs, buts or human desires, wishes, choices and authorities to change or amend. It is authentic law and cannot change on the wishes and whims of rulers, lawyers, parliaments, or the judiciary.
The argument mentioned above to assess the jurisdiction of the Federal Shariat Court, Supreme Court of Pakistan or Parliament of Pakistan should be ending now as it is not a Soap or Opera that provide entertainment to viewers and readers. It is better to look into undecided piled-up thousands of legal petitions lying in the honorable courts for decades, converting judiciary’s income as effected with the filth of Riba, which is bringing concern in a “War Against Allah and Messengers of Allah”.
Say O Muhammad ?: “O ALLAH! Possessor of the Kingdom, You give the kingdom to whom You will and You take the Kingdom from whom You will, and You endue with honor whom You will, and You humiliate whom You will. In Your Hand is the good. Verily, You are Able to do all things. Surah Aly Imran 26-27.