Caliphate, Featured, Judiciary

How to get away with murder


Pardon criminals? Obama and Clinton did it. Yes, Trump is doing it.

There is a way to commit the ‘perfect crime’ in America. No it’s not to kill, rape or murder and not get caught. It’s OK to get caught, just make sure you know a president who can pardon you afterwards or commute your sentence.

Trump has a few hours left in office and is doing it. President Bill Clinton pardoned his brother Roger Clinton for drug charges and two felons who Clinton pardoned on his last day in office paid Mr Hugh Rodham (Clinton’s brother-in-law) $400,000. Obama and others used that same unique power that U.S. presidents have. Obama holds the record for the largest single-day use of the clemency power, granting 330 commutations on January 19, 2017, his last full day in office. He also issued more commutations than the past 13 presidents combined.

They can pardon people who commit federal crimes. So make sure it’s a federal crime, not a state crime. You don’t know the difference? Ask Wikipedia or phone a friend.

This power to pardon is something that has fascinated me. That in the so called ‘civilised democratic system’ a court can convict you, you may even confess your guilt but at the stroke of a pen, a convicted criminal can be pardoned. Where is the justice?

Some of Trumps executive orders (e.g. on European travel) are going to be cancelled in a matter of hours when Biden issues his own executive orders reversing them- once he’s sworn in. However, the pardons won’t be. It is a fixture of the U.S. system, enshrined in article 2 of the constitution and accepted by both main parties and most citizens.

In the Islamic Khilafah system if a judge has passed a judgement it cannot be overturned unless it’s proved on appeal that there is a violation of Allah’s shariah. So the shariah is supreme. The law of the Creator is supreme above everything and everyone.

Can the Caliph pardon crimes?

‘A’isha (ra) reported that the Quraish had been anxious about the Makhzumi woman who had committed theft, and said: “Who will speak to Allah’s Messenger about her?” They said: “Who dare it, but Usama, the loved one of Allah’s Messenger?” So Usama spoke to him. Thereupon Allah’s Messenger ﷺ said: “Do you intercede regarding one of the punishments prescribed by Allah?” He then stood up and addressed (people) saying: “O people, those who have gone before you were destroyed, because if any one of high rank committed theft amongst them, they spared him; and it anyone of low rank committed theft, they inflicted the prescribed punishment upon him. By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut off.” [Sahih Muslim 1688]

This shows there is no pardoning of a convicted criminal even if they are close to the ruler. The Prophet ﷺ was the ruler of the Islamic state and that close to and loved by Him ﷺ tried to influence Him but he taught us that in the Islamic system, it is Allah (the Supreme) who sets the shariah and it is for humans to implement it.

Whereas in the democratic system where parliaments legislate what is right and wrong, punishable or not, or where presidents inherit the power to pardon their friends, political and financial backers or acquaintances of their friends and backers – they can pardon crimes after a person is convicted. Such is the reality of the man made system. And in contrast we see the superiority of the system revealed by the Creator of the heavens and the earth. The world is again in need of this Islamic Khilafah system. May Allah (Glory be to Him) enable us to work for its return so the Muslim lands see justice and it becomes an example for all the peoples of the world.

Related articles:

List of people granted executive clemency by Barack Obama

Bill Clinton pardon controversy

‘Heartbroken’ Hillary Clinton shocked by brother on pardons