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Once an influential woman named Fatima was caught on the accusation of theft and was proven guilty. Some of the noble men among people came to Prophet (saw) interceded on her bahalf. Prophet (saw)'s face tunred red with anger and he (said) even if his own daugher Fatima (RA) would have stolen, he would definitely have her hands chopped off. The nations before you were destroyed because when a noble among them used to do any crime, they never punished him.
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Hazrat Umer Farooq (RA) was summoned by the Qazi-ul-Quzat (Chief Justice) when he was the Caliph, on some matter. When he entered the courtroom, Qazi stood up in his regard. He said to the Qazi that he had already shown bias in favor of Hazrat Umer (RA) and would not be able to do justice in the matter.
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Hazrat Umer Farooq (RA) one day, during his caliphate, stood up to give sermon in Masjid Nabwi (saw). He started the surmon by saying “Listen and Obey …”. Hazrat Salam Farsi (RA) stood and said: “We are not going to listen to you and obey unless you give justification/reasons about the size of shirt you are wearing. All of us received the same size of cloths and it was highly impossible for you to have your shirt (Qameez) made of it.” Hazrat Umer (RA) was a tall man. He asked his son Abdullah Bin Umer (RA) to answer on this. Ibn-e-Umer (RA) told that he gave his share of cloth to his father so that his qameez can be sewn. Hazrat Salman Farsi (RA) said: “Now that it is explained, we will listen and obey” and he sat down.
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Caliph Hazrat Ali (RA) armor had gone missing. One day, while walking through the market place, he recognised his armor in the possession of a Jewish man. He went up to the Jew and said, “This is my armor.” The Jew retorted, “Bring witnesses to prove it. Alternatively file a law suit!”
Hazrat Ali (RA) proceeded to Qazi Shurayh and laid a charge of theft against the Jew. The case came before the Qazi. Both plaintiff and defendant presented themselves before the Qazi.
Qazi Shurayh (rah), without being overawed by the presence of Ameerul Mumineen, Ali (RA), seated himself with the stature that the occasion demanded. Calmly, without any trace of discomfort or panic, he commenced proceedings. He asked the Jew, “Does the armour belong to Hazrat Ali (RA)?”
The Jew flatly denied it.
Thereupon the Qazi turned to Hazrat Ali (RA) and calmly requested, “Bring your witnesses to support your claim.”
Hazrat Ali (RA) produced two witnesses. One was his son, Hazrat Imam Hasan (RA) and the other was his freed slave, whose name was Qambar. In his opinion, the evidence of these two was in accordance to Islamic law.
However Qazi Shurayh (rah) addressed Hazrat Ali (RA), Bring another witness in place of Hazrat Hasan (RA). The evidence of your slave, seeing he was freed is accepted.” Hazrat Ali (RA) replied, “I have no other witness.”
Due to the lack of sufficient evidence – a second acceptable witness – Qazi Shurayh (rah) dismissed the case acting according to the Shariah and not according to his personal reliance on the truthfulness of Hazrat Ali (RA). In the Islamic judicial system, even the witness of Imam Hasan (RA) was not accepted, whose truthfulness can not be challenged, who has been said by the prophet “Hasan wal Hussain min shabab ahlil Jannah”, Prince of the youth of Paradise.
(Jew bacame muslim later)
This is Islamic Justice.
The Qazi (Cheif Justice) interpreted the constitution (Islamic Sharia) and not the head of the state or his sub-ordinates (parliament).
Then, we have Pakistan where “President has immunity and even if he steals billions of dollars, he is immune of even a trial let alone punishment.” Prophet Muhammad (SAW) is saying even if his own duaghter Fatima (RA) is not above law. Who is Fatima (RA)? She is among the 4 greates women ever sat foot on this earth according to a hadith (The four are, Asiya (RA), Maryam (RA), Khadija (RA) and Fatima (RA)).
Then, we have Pakistan where President, Prime minister and his cabinet, chief ministers are exempted from contempt of court and swear over it. And Hazrat Umer (RA) is not happy about Judge standing for him.
Are we blind?