بسم الله الرحمن الرحيم
The Judiciary Amendment Bill and Repeated Government Collapses, Reveals the Inherent Weakness of the Jewish Entity and Democracy
Aljazeera reported that “‘Israel’s’ parliament on Monday ratified the first bill of a judicial overhaul sought by Prime Minister Benjamin Netanyahu, after last-gasp compromise efforts collapsed and failed to ease a constitutional crisis convulsing the country for months. The amendment limiting the Supreme Court's powers to void some government decisions if it deemed them "unreasonable" passed by a 64-to-0 vote after opposition lawmakers abandoned the session in protest, some of them shouting: "For shame!”
Many countries, including the United States, expressed concern over the judicial reforms, calling it a threat to ‘Israeli democracy.’ Jews in Occupied Palestine staged violent demonstrations against this bill. This bill is considered to be the first step of the judicial reforms introduced by Netanyahu, the Prime Minister of the occupying Jewish entity. In this bill, the judicial review of the laws passed by the parliament, and the ability of the court to declare these laws as “unreasonable,” have been changed. After the new amendments, even if the court strikes down a law as “unreasonable,” it will be brought back to Parliament and re-enacted by a simple majority.
The draft judicial reforms tabled in January 2023 contained several amendments to limit the powers of the judiciary. The main points of which are as follows:
• Increasing the number of Ministers who are the members of the Knesset (Parliament) in the selection committee of judges, to the extent that the decision of the government ministers can be final. The committee consists of retired judges, bar associations and government ministers.
• Limiting which laws can be reviewed in court under the “unreasonable” doctrine.
• Allowing the bringing back to Parliament laws struck down by courts under the “unreasonable” doctrine and parliamentary right to enact law by simple majority.
• The legal advisor’s advice to the ministries is to be treated as non-binding advice.
• Judicial immunity for the prime minister during his tenure and extending the limits of powers of rabbinical courts, if both parties want to take a decision from them.
Supporters of this law say that this law can prevent unnecessary interference of the court in government legislation. The judge can declare any law as “unreasonable,” if it conflicts with his understanding or choice. It is to be remembered that the majority of judges in the courts of this Jewish entity are left-wing judges. Opponents of this law say that the government is trying to absolve itself from accountability through this law. It is accused of distorting the balance of power between institutions in the state, which threatens the democratic structure of the state.
From 2018 to 2022, this is the fifth consecutive Jewish government that came to power. With every election, the right-wing extremist parties in the government are getting stronger. For the main party, the appeasement of these minor parties is essential for the stability of the government. Attacks on camps of Jenin and support of rabbinical courts are all tactics to maintain this weak government coalition government, by keeping extremist allies happy. Recently, when Netanyahu appointed Shas party leader Aryeh Deri as finance minister, the Supreme Court ruled that he was ineligible to serve in the position based on the “unreasonable” doctrine. Deri already convicted of bribery, fraud, money laundering, and various tax crimes. Now after this new amendment, it will be possible for Deri to become the finance minister again.
Along with coalition parties, the Jewish entity is also trying to please its foreign masters, which is why when the bill was introduced in January, it included a number of judicial amendments. However, when external pressure mounted, the bill passed by the Knesset contained only a few token provisions.
On the other hand, America wants to bury the issue of Palestine in the region in the name of the “two state” solution. This solution appears to be opposed by far-right Jewish extremist groups. They seek to impose their influence on the whole of Palestine and the region beyond. That is why America has to adopt the policy of “Carrot and Stick” to control these parties. On the one hand, the United States is tempting the Jewish entity with recognition from Saudi Arabia, and other Muslim countries, like Pakistan and Indonesia. as an “Israeli state.” On the other hand, the US is also trying to persuade Jewish right-wing parties to accept the so-called Palestinian government in Gaza and the West Bank. It is seeking assurance from them for the retention of the Palestinian government. This US tactic has been mentioned in a New York Times article also. This solution is also important for the United States. The entire world has realized the internal weakness of the Arab states during the Arab Spring. The weakening of American control in the region is also obvious. Therefore, the United States wants to resolve this problem to a certain extent, and turn its full attention to China and Russia.
As the Ummah of the Holy Prophet (saw), we do not care what the internal policies of the Jewish entity are or how it relates to America. It is an impure entity, the elimination of which must be the goal and the focus of concern of the Ummah. Engaging our minds over any other solution would be a betrayal to the land of Israa and Miraj. Allah (swt) said,
[وَاقۡتُلُوۡهُمۡ حَيۡثُ ثَقِفۡتُمُوۡهُمۡ وَاَخۡرِجُوۡهُمۡ مِّنۡ حَيۡثُ اَخۡرَجُوۡكُمۡ وَالۡفِتۡنَةُ اَشَدُّ مِنَ الۡقَتۡلِ]
“And kill them wherever you find them, and drive them out from where they have driven you. And their mischief is more than murder and bloodshed.” [TMQ Al-Baqarah 2:190]. However, at the same time, it is necessary for this Ummah to be aware of the affairs of the Ummah and to keep an eye on the tricks of the kuffar, whilst being aware of their weaknesses. Also, those Muslim minds, whose thinking has become scattered due to the dominance of Western thought, must be made aware of the weaknesses of Western thought, so that they can come out of this mental slavery.
One thing that is clear from all this is that it is not possible for America to control this Jewish entity, unless the rulers of Muslim countries support Washington. On the other hand, this Jewish entity cannot survive without external help and protection from rulers of the Muslim countries. That is why America goes to the door of rulers of Muslim countries to control this unclean entity, the Jewish entity. In fact, it is the slavery of the rulers of Muslim countries that gives America strength and authority in this region.
Moreover, the weakness of democracy as a system of governance is becoming apparent to the whole world with such news. The law has become the tool of the ruling elite. The rulers use laws to prolong their power, or strengthen their power, or protect themselves from accountability, or enhance their privileges. The people’s interests or the people’s guardianship are used only for election slogans. Whether it is immigration laws designed to please far-right voters in the West, the debt ceiling issue in the US, or linking the appointment of the US military chief to LGBTQ law amendments, all of these issues have been dealt in a way to please different vote banks. It shows the conflict and the power struggle among various segments of the society. In Pakistan, whether it is the Chairman Senate Privileges Bill or the Interim Government Powers Bill, their aim is to achieve the government’s interests. It is also clear from the Jewish State’s judicial reform bill that this bill is an attempt to extend power.
All this also indicates that the “ideology of balance of power in institutions” could neither create a stable government, nor could it improve the accountability of institutions to each other. Contrary to claims, this ideology created a race to outdo one another amongst the ruling elite. Every organization is trying to prove itself superior and protect its interest. During the rule of the Khilafah (Caliphate), for more than thirteen centuries, there were good rulers and bad ones. However, they never had the power to legislate, making the Halal, Haram, or the Haram, Halal. That is why no ruler could pass laws such as judicial exceptions for himself. There was no power struggle between the judiciary, legislature and military institutions during this time. Islam established a stable system in society in which a common man could hold the Khaleefah (Caliph) accountable. No constitutional amendment or institution was required for this purpose. Even a single woman knew who was responsible if her children were hungry. He or she did not have to roam around to determine the responsible in the federal government, provincial government and local government. It is a system in which Jews, fled from Europe, to seek refuge and peace. It will be the soon-to-be-established Khilafah (Caliphate) that will erase this poisonous Jewish entity from the map of the world and bring humans out of the slavery of humans and bring them under the rule of Allah (swt). Allah (swt) said,
[اِنِ الۡحُكۡمُ اِلَّا لِلّٰهِؕ يَقُصُّ الۡحَـقَّ وَهُوَ خَيۡرُ الۡفٰصِلِيۡنَ]
“Judgement lies with Allah alone. He declares the Truth, and He is the best judge.” [TMQ Surah Al-Anaam 6:57].
Written for the Central Media Office of Hizb ut Tahrir by
Engineer Abbas – Wilayah Pakistan