BY TAJI MUSTAFA 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.
These are extracts from the book “Accountability in the Caliphate” by AK Newell. It should be noted that the Caliphate is an ideological Islamic State. This means all elements of the state work towards achieving Islamic objectives not material objectives. Before any of the state accountability mechanisms take effect the Caliph is restrained by his Islamic belief and taqwa. Secular democracy emanates from the belief that religion should be kept separate from politics. The ruler in a democratic system is therefore not restrained from tyranny by fearing God or divine accountability. With this fundamental aspect of accountability missing i.e. consciousness of God (taqwa) the ruler in a democratic system is prone to tyranny if he isn’t restrained by the mechanisms of government.
There is no concept in the Caliphate of a ‘pardon’ for crimes committed and where a sentence has been passed as exists in the west. The US constitution allows the President to Pardon all crimes except impeachment.
Sheikh Abu Iyas Mahmoud bin Abdul Latif al-Uweida from Jordan answers this question. He says, There are no clerics in Islam like those found in Judaism and Christianity. Every Muslim is commanded to carry the call of Islam, spread it, guard it, and abide by its rules. The ulema (scholars) and fuquhaa (jurists) are only there to teach people about Islam. They have no religious powers like those of the Jewish and Christian clergy, such as accepting the repentance of penitents, granting forgiveness, baptizing followers, legislating, and so on.
This is an extract from the book Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya by Sheikh Muhammad Khayr Haykal, chapter ‘The Sixth Study: Al‐Qitaal against the deviation of the ruler.’
Egypt’s brutal dictator Sisi and his henchman in the judiciary, executed nine innocent believers on Wednesday who had committed no crime except believing in Allah.
The case of Asia Bibi, a Christian who was sentenced to death in Pakistan for alleged blasphemy against the Prophet Muhammad ﷺ, has thrown the spotlight on Islamic law (sharia) and its judiciary. Predictably the west has used the case to attack sharia as barbaric and label Islamic courts as kangaroo courts where no justice is served. The status of non-Muslims living under Islamic rule is also under fire where they are viewed as an oppressed minority subject to the tyranny of the Muslim majority.
Ali al Marri, who was imprisoned in America and tortured by the FBI speaks publicly for the first time about his ordeal. May Allah reward Ali for his immense perseverance (sabr). The Prophet Muhammad ﷺ said: يَوَدُّ أَهْلُ الْعَافِيَةِ يَوْمَ الْقِيَامَةِ حِينَ يُعْطَى أَهْلُ الْبَلاَءِ الثَّوَابَ لَوْ أَنَّ جُلُودَهُمْ كَانَتْ قُرِضَتْ فِي الدُّنْيَا بِالْمَقَارِيضِ “On the Day of Judgement, when the people who were tried (in this world) are given their rewards, the people who were pardoned (in life), will wish that their skins had been cut off with scissors while they were in the world.” Tirmidhi 2402
A surge in violent crime has pushed recorded crime figures in England and Wales up by 13% on the previous year. Immediately after this figure was published Trump tried linking this increase to Muslims. He tweeted, ‘Just out report: “United Kingdom crime rises 13% annually amid spread of Radical Islamic terror.” Not good, we must keep America safe!’
The Caliphate’s judiciary is responsible for issuing judgments that are enforced by the state. It settles disputes between people, prevents whatever may harm the rights of the community and also settles disputes between people and any person who is part of the government whether this is the Caliph, his cabinet, civil servants or any other official.1