(continued from the blog: “Justice is the essence of good governance”)
“Have you not seen how your Lord dealt with the People of the Elephant? Has He not turned their plan into nullity? And He sent upon them flying birds in flocks, throwing upon them stones of baked clay, and thus He turned them into an eaten-up chaff.” (Surah Al-Fil)
As Muslims we believe that Allah is all Sovereign and the Judge of all. He has sent man as his viceroy on earth. He nominated Prophets and Caliphs as his delegates to decide justly amongst fellow beings. The concept of a pure Muslim State has evaporated with the sands of time and the system of Caliph-hood has diminished alongside it. Today, we are familiar with the Presidential and/or Parliamentary forms of government who deal out justice. In ancient times, nobody questioned the authority or powers of Gods or Goddesses but with the passage of time, man has acquired the sagacity to question. He now raises voice against the decisions and powers of Head(s) of State. In a State nowadays, sanctions are used to continue on the route of Justice. In Pakistan, Pakistan Penal Code (PPC) of lists out all imaginable forms of offences and their respective punishments. Moreover, Criminal Procedure Code (1898) doles out the procedure for the working of Criminal Courts and other related forums.
“Administration of Justice is the firmest pillar of government. Law exists to bind together the community.”
~ George Washington
The importance of administration of justice is pivotal to the smooth functioning of a country. It is such a crucial task that many writers have stated only two essential functions for the survival of a State i.e. War and Administration of Justice. Justice ensures uniformity, impartiality and collective wisdom while its absence can lead to anarchy, inhuman behavior and actions contrary to moral values. Generally, justice and its Administration can be divided into two kinds: Civil Justice and Criminal Justice. Administration of civil justice deals with civil proceedings in civil courts of Law or any other appropriate forum while administration of criminal justice deals with criminal proceedings in criminal courts of law or any other appropriate forum. Where civil justice aims to enforce rights (Private rights and Public rights), criminal justice’s object is to punish the wrongs (Private and Public wrongs).
“Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress.”
~ Martin Luther King, Jr.
If people are not punished or deterred from committing wrong, a public organ will have to focus all its energies on distributing judicious decisions. In the absence of a just judicial system, a society will fall into the hands of utter anarchism; people will crave for vengeance and violence will pursue. Terrorism, for one, is a modern example of what happens when private and public rights are not guaranteed and the State organs responsible for administering justice fail to perform their duty in a timely fashion. What follows is turmoil not only inside a Country but also within organizational boundaries. Foreign investors lose confidence, Foreign Direct Investment drops, and tourism activities halt thereby lowering GDP. As a result, life within the geographical boundaries of the Country comes to a virtual standstill or finds itself at the mercy of outbreaks which shatter the peace of the Country and its citizens.