Spot Justice
How the Terrorists can be Taken to Task
My simple question is; for whom else it can be thought possible to define the most vital meaning of ‘Fasad Fel Ard’ (viz terrorism) than the Creator Almighty?
And thus the Divine Provision has therefore been stated explicitly & in the best possible comprehensive words as under:
إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَنْ يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُمْ مِنْ خِلَافٍ أَوْ يُنْفَوْا مِنَ الْأَرْضِ ذَلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا وَلَهُمْ فِي الْآَخِرَةِ عَذَابٌ عَظِيمٌ
(5:33)
“Those who wage war against Allah and His Messenger, and go about the earth spreading mischief - indeed their recompense is that they either be done to death, or be crucified, or have their hands and feet cut off from the opposite sides or be banished from the land. Such shall be their degradation in this world; and a mighty chastisement lies in store for them in the World to Come"
إِلَّا الَّذِينَ تَابُوا مِنْ قَبْلِ أَنْ تَقْدِرُوا عَلَيْهِمْ فَاعْلَمُوا أَنَّ اللَّهَ غَفُورٌ رَحِيمٌ
(5:34)
"except for those who repent before you have overpowered them. Know well that Allah is All-Forgiving, All-Compassionate”.
All the brutal and heinous crimes committed for destabilising the state order and writ by outfits/gangsters to establish personal order and writ, or for terrorising the rivals to convert and all the organised crimes committed by organised, trained and non-state armed sects or outfits, for furthering their unpopular agendas with obvious alien funding and support directly or indirectly and which are being committed in an inhuman, indiscriminate, aggravated, terrible & brutal patterns e.g. rapes, child abuses, brutal murders; by lynching, by acid throwing or other dangerous chemicals, by explosives or live burning or mutilation, extortion (batakhori), kidnapping for ransom or cruel violence, forced naked walks, imputation of any human organs, murdering of whole families, burning the dwelling houses & all the like crimes come or may be brought within the definition of ‘fasad- fel- ard’ (viz terrorism).
The entire emphasis in the Divine Definition of Terrorism appearing is to deal with the terrorists in such a deterring way, which sets example for others to be deterred before hand and to be deterred from thinking inhumanly against the humanity!
Here this aspect in these Holy Verses is noteworthy that Allah Almighty has explicitly provided an executive course of action may be carried out by using state security apparatus keeping in view the importance of maintaing peace & tranquility in the society, which is none of the judiciary’s business!
And being so no hard & fast rule of evidence has therefore been held as mandatory as has been held in other Hadood cases, which therefore come exclusively in the judiciary domain!
Terrorism is our main concern, of course and as a practicing lawyer I can state plainly that those who are of the view that terrorists can be countered by court process are either naive or ignorant or both, for it is tantamount of giving them; terrorists a safe passage.
The possibility of conviction of terrorists in the courts is not more than one percent for obvious reasons.
And that is why Allah Almighty has provided different line of action, while dealing with terrorism.
How to stop terrorism, wayout for ‘Spot Justice’ has been provided in the aforementioned Holy Verses!
Here one can see that there is no stipulation of hard and fast rules regarding evidence because dealing with the terrorists at spot is the best justice even in terms of judicial principles.
For, during the spot justice the culprits are available lively along with all evidence of his crime and weapons of offences.
Spot Justice is far superior justice than the court justice, for the Spot Justice is more judicious, live and quicker than snail-slow process of court justice.
Further, Spot Justice is adjudicated lively on the virtual spot, in virtual retaliation and during virtual circumstances.
Spot Justice is adjudicated on the basis of live and ocular testimony, while the court justice is delivered far away from the actual place of occurrence on basis of narration and circumstantial evidence, which couldn’t be 100 % up to the mark.
Terrorism is not ordinary crime so the perpetrators can’t be taken to task in the ordinary course of justice.
Court Justice is meant for ordinary offences in the ordinary circumstances against the ordinary accused.
While Spot Justice is the lone befitting reply to the organised crimes committed by trained and armed outfits working for furthering their unpopular agenda supported by aliens of the country for ulterior motives.
We must not overlook how the Kharijites/Fasadies (the then extremists) were dealt with by the four caliphs the righteous?
And this is also a point to be noted that how many Fasadies/Kharijites were dealt with in courts and how many were obliterated on spot?
To cut back sectarianism and terrorism the most appropriate instrument is the Divine Document; Al Qur’an, which is not an ordinary religious book, its Allah Almighty’s Final Testament, He Almighty has granted to humanity through His final Prophet, Mohammad (SAW).
It’s the only safe source of Divine Wisdom, which hems in this life issues as well as of the hereafter.
The Holy Qur’an is the lone Authentic Divine Book, wherein Allah Almighty has also provided for taking fasadis (terrorists) to task in the best possible way.
Now the question is about the interpretation and codification of laws in the light thereof.
I mean to say, it is impossible for any individual particularly for seminary cleric to accomplish sound interpretation of the Divine Wisdom individually.
A world body of world class Muslim scholars in various disciplines is therefore a must to avoid blunders we have already committed and have been committing in translation and interpretation. The same grand arrangement is also inevitable for the interpretation of Holy Ahadit.
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