My recent visit to the United States has consolidated my views on the importance of an independent, transparent and powerful judiciary system for any modern country. That’s why I was very pleased to see that our outcry for a much-needed reform in the justice system in Saudi Arabia has finally reached the King who issued a royal decree to overhaul the whole thing. It is long overdue, probably, but it is here nevertheless, and thank God for that.
The new system is expected to take many of the powers currently possessed by the Higher Judicial Council. Now this is not going to be an easy transition, I think. Sheikh Al Luhaidan and his fellow clerics have been on the top of our judicial system for a long time, and the notion that they will give up their powers peacefully seems unlikely. But let’s hope we won’t see any of the old faces in the new supreme court.
13 Comments
Hello,
May I be somewhat pessimistic in suggesting that an independent judiciary is impossible in an Islamic country like KSA?
The reason is simple: the pattern of life of the Prophet if Islam was to consolidate all power and authority in his own hands–whether military, religious, civil, legislative, or JUDICIARY.
It is therefore un-Islamic and against the very tennets of an Islamic society to divide powers and authority. If you want an independent judiciary, then leave Islam. If you want Islam, then acknowledge that an independent judiciary is impossible.
Sometimes you just have to make difficult decisions and there is no synthesis between two positions.
*”Prophet of Islam”, I meant to say.
Comparing the days of the Prophet (PBUH) to nowadays doesn’t make for a fair comparison; the differences are huge. I believe in the possibility of establishing a system with divided powers under an Islamic framework.
hey all… it’s not out of reach… be positive people, we seem to like the default “oh no you can’t do that in KSA”
Many countries in the region reformed and are reforming their judicial systems, Abu Dhabi for example…
let’s show a bit of faith and a lot of support!
Abu Daoud-
If he leaves Islam, doesn’t that mean he has to die? Isn’t that a crime punishable by death?
What kind of choice is that?
Trevor
I respectfully want to say that, you have to understand the basic axioms of the Religion to understand this. Which unfortunately many Muslims also do not understand. Democracy is not allowed in Islam.
To answer your question: If he leaves Islam, then he will be treated in the best possible manner, but within the limitations provided.
MU
Al-Yamamah College
Salam Ahmed,
How terrifyingly exciting—the possibility of change. It’s exciting to be part of an era of change. Yet it will undoubtedly be painful for some to have to experience the growing pains.
MU: your declaration of takfir on Indonesia is quite stunning. I guess Turkey, too, has been cast out of the Dar Al-Islam?
Only the narrowest of narrow interpretation of Islam finds democracy to be incompatible with Islam.
I do hope you and Abu Daoud enjoy your time in the Caliphate, whenever/wherever that happens to form.
Dear Ahmed,
The thing I wish for most, is increasing the number of judges.
You know far justice is not a justice. Currently a woman could die before a judge can get her divorce from her cruel husband. And a domestic maid would be forced to go home before her salary is taken from her nonhuman employer.
Carry on.
I dont understand what abu daoud is trying to say. An independent judiciary may be impossible in KSA now but democracy can actually thrive and grow in islamic countries. There is just no doubt about that and we see the signs all around the world…..reformasi in malaysia, glasnost in old USSR, and those going on Qatar, kuwait etc. If you dont divide the powers and authority then who do you entrust them to. Can that person ever be like the Prophet of Islam?
Tenets of Islam? what tenets are you talking about?
please no one talk about democacy because it dosn’t exist. I’m not gonna be fooled by some westners who use such an expression to achieve their self interests. American and european leaders always supported dectators and war criminals who cooperated with them and met their interests. look who’s the spokesman of democracy today, a stupid cowboy lives in the white house practicing the killing of Iraqi and Afgani civilians, along with the administation of evil he created!
The warcriminal preach democracy, Woooow.
One thing that the “Reformers” simply don’t think about. Democracy is the most inefficient, money guzzling, money wasting, money loosing govt system in the world.
In the US, the average worker works 40-60 Hours/week, and looses 55% of his pay to taxes.
And lives “Paycheck to Paycheck”. We have NO savings, unbelievable debt, and social welfare systems that cant possibly be paid for.
There is NO WAY, that any Islamic country will survive a democracy. You need a massive, highly trained workforce, brainwashed into working for nothing in order to survive.
The Islamic countries simply don’t have that. their economies would collapse in a week in any Democracy.
Wait until these “reformers” start telling their people about the staggering taxes needed to support “Democracy”. Wont last a week.
Xdust,
I agree with you, you are no fool.
12 Trackbacks
[...] the Media ← Reforms on the Justice System Proud of You [...]
[...] November 17, 2007 · No Comments As the new reforms on the legal systemare yet to be implemented, I guess that some judges thought they would use whatever left of time for [...]
[...] However, Abu Joori and others pointed out that this is not the end, because there are other injustices still taking place in the Saudi courts. I agree. The Qatif Girl was lucky to have a supporting husband and a courageous lawyer, something that many others probably don’t have, but the big publicity this case received would contribute to shed more light on the state of the legal system and bootstrap the the reforms announced in October. [...]
[...] was disappointed to read that a committee from MOJ is working on the US$ 1.86bn plan the King ordered to overhaul the judicial system in the country. How can the very same people who created, or inherited, the current system, and [...]
[...] them. Is this the end to al-Lihedan reign at the top of the judiciary system, especially with the upcoming reforms proposed by the king last year? It is about [...]
[...] for the rest of us, the complaints did not fall on deaf ears. In October 2007, King Abdullah announced a $2bn plan to overhaul the legal system. It is a large undertaking and it will certainly take a long time to see the effects of this plan. [...]
[...] So Saudi Arabia takes another slap in the face. It is also a slap in the face for the new minister of justice, who obviously needs to fight hard in order to end the embarrassments caused by our courts and implement the much publicized changes in the justice system. [...]
[...] The blogger continues: So Saudi Arabia takes another slap in the face. It is also a slap in the face for the new minister of justice, who obviously needs to fight really hard in order to end the embarrassments caused by our courts and implement the much publicized changes in the justice system. [...]
[...] So Saudi Arabia takes another slap in the face. It is also a slap in the face for the new minister of justice, who obviously needs to fight really hard in order to end the embarrassments caused by our courts and implement the much publicized changes in the justice system. [...]
[...] con forza per porre fine all’imbarazzo suscitato dai nostri tribunali [in] e implementare i tanto pubblicizzati cambiamenti al sistema giudiziario [...]
[...] Dia melanjutkan: Jadinya, Arab Saudi menerima sekali lagi tamparan di wajah. Tamparan yang sama juga melayang ke wajah menteri kehakiman yang baru, yang jalas perlu untuk berjuang keras untuk mengakhiri olok-olok yang muncul sebab laku pengadilan kita dan menjalankan perubahan dalam sistem peradilan kita seperti yang telah dijanjikan. [...]
[...] for the rest of us though, the complaints did not fall on deaf ears. In October 2007, King Abdullah announced a $2bn plan to overhaul the legal system. It is a large undertaking and it will certainly take a long time to see the effects of this plan. [...]