Judicial system needs complete overhauling: Hashmat Ali Habib

“Islamic Ideological Council” and “Federal Shariat Court” proved useless in practice

Pakistan Sep, 7 2024
Judicial system needs complete overhauling: Hashmat Ali Habib
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KARACHI: Judicial system of Pakistan is a product of the parliament but it is independent in its affairs that should not be crossed over. To maintain and control its independent status, merit is the only principle that should be acted upon. The second requirement is to change the system of selection in judiciary. Hashmat Habib President Tehreek-e-Tahaffuz-e-Adlia disclosed this while interviewing with ‘National Courier’.   

He said it must be converted into a regular service for appointment of judges instead of selection from advocates. That would secure the judges’ service and payments of salaries instead of current plundering in millions of rupees. This is an honourable service if judges provide real justice, if not this is useless practice that may cause wrath of Allah almighty. But under incumbent judicial system the country cannot progress. 

Replying to questions about why not Islamic judicial system being applied in the country? He said to implement Islamic judicial system there were two measures taken in the past; one was “Islamic Ideological Council” and the other was “Federal Shariat Court” but in practice both were proved useless. For example if Federal Shariat Court issues an order on any matter and the Government files appeal against it; the implementation is automatically stayed. Another handicap is that decisions of both the above-said organizations are never implemented by establishment; this is more than a joke.   

According to Islam “Quran and Hadith” are the established laws to be implemented in the country but “Islami Nazryati Council” and “Federal Shariat Court” say that the law is only which approved by assembly and other departments. They don’t have any effect and knowledge about Quran and Sunnah; this is the height of hypocrisy. The initial efforts against “Riba” (Sood) in the country were launched by me with other colleagues in Supreme Court but the case hung for thirty-five long years without any judgment. Even the judgment lately announced was defective by permitting its implementation after five years. 

This is nonsense; Islam is simultaneously implemented soon after the recitation of “Kalma Tayyba” that restricts you from speaking lies, dishonesty, robbery, deception, use of alcohol, and Riba etc. Quran and Sunnah is Supreme Law of the country, this is mentioned in the Constitution; but our judges sitting in the courts are dumb and deaf about this vital principle. I have already debated this issue in various cases but the judges do not understand this basic law. Just because they are working under fake oath including President and other office-bearers of the government. They are protector of corrupt system and corrupt society, senior lawyer of Supreme Court concluded.     

Published in The Daily National Courier, September, 07 2024

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Nasir Mahmood
Nasir Mahmood https://www.dailynationalcourier.com/author/nasir-mahmood
Senior Journalist at Daily National Courier. Covering almost all beats including politics, current affairs, sports, metropolis for more than 45 years. Member of Karachi Press Club & KUJ.

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