News:

"We live in a system that espouses merit, equality, and a level playing field, but exalts those with wealth, power, and celebrity, however gained." - Derrick A. Bell

In the past week, three miscarriages of justice epitomize the crisis facing global secularism and its inability to provide worldwide justice. The dreadful decision by the grand jury not to try the police officers for the murder of Eric Garner in the US, Hosni Mubarak's acquittal on a legal technicality, and the failure of the International Criminal Court (ICC) to prosecute President Uhuru Kenyatta for war crimes.

Comment:

Something unique and unprecedented is unfolding on the world wide stage-the ever growing cases of miscarriages of justice that are not only prevalent in third world countries like Egypt but are also found in the world's lone super power America, as well as supra-national institutions like the ICC. Ordinary people everywhere feel more than ever before that they are the real victims, while the rich and powerful are able to manipulate the judicial processes to escape free from any form recrimination or criminal punishment.

The vast hordes of people protesting in America are outraged at the judicial edicts vindicating white police officers for killing unarmed black men. In a spate of a few days, the US justice system has failed to prosecute white officers involved in the murder of Charlie Brown and Eric Garner, despite overwhelming evidence to the contrary. The flawed judicial verdicts have only served to fuel racial tensions with the black community openly complaining about the injustices of the American legal system against them. There is nothing new here. In February 1968, The National Advisory Commission on Civil Disorders, known as the Kerner Commission published its findings on 1967 race riots in the United States. It stated, "Our nation is moving toward two societies, one black, one white - separate and unequal."  47 years on and it is de ja vu. A recent investigation by USA Today established that nearly two black men a week were killed by white policemen in America during the period 2005-2012. A separate report by ProPublica, based on 1,217 deadly police shootings from 2010 to 2012, concluded that young black males were 21 times more likely to be shot dead by police than their white counterparts. Hence, racial and judicial discrimination is the American way of life. The US media does its utmost to suppress such negative narratives reaching foreign shores. In this way, foreigners remain oblivious to the injustices of American secularism until they witness it first hand through direct colonization.

In the Middle East, Sisi's secular autocracy unashamedly pardoned the tyrannical dictator Mubarak. The Egyptian court dismissed murder charges against Mubarak in the public murder of scores of protesters demanding an end to his 30-year rule of oppression. His much berated security chief, and a half-dozen top police officials were also acquitted. Judge Rashidi did not explain why he had dismissed the murder charges. To add insult to injury, the court also acquitted Mr. Mubarak, his two sons and a wealthy business associate of corruption charges-Mubarak's and his sons had amassed an astonishing fortune of $70 billion during the three decades of rule. Sayid Abdel Latif, whose son Mohamed was a demonstrator killed by police in the uprising, said, "Mubarak's regime is still in place. We thought Sisi would bring us our rights, but he is one of them." Sisi has used the judicial system to turn the concept of justice on its head; Mubarak and his cronies are set free, while hundreds of ordinary Egyptians are handed death sentences without any due process or concrete evidence implicating them.

Many in Kenya had placed their hopes in the secular ICC to punish Uhuru Kenyatta for the role he had played in the massacre of a thousand or so Kenyans in the aftermath of the presidential elections in 2007. But ICC dropped five charges of crimes against humanity directed towards Kenyatta for orchestrating violence and killings seven years ago. ICC Prosecutor Fatou Bensouda said that she was left with no choice but to withdraw the charges. Explaining her decision she said, "The evidence has not improved to such an extent that Mr. Kenyatta's alleged criminal responsibility can be proven beyond reasonable doubt. Crucial documentary evidence regarding the 2007-2008 postelection violence ... can only be found in Kenya and is only accessible to the prosecution through the assistance of the government of Kenya. This crucial assistance was ultimately not provided."  The announcement clearly demonstrates the short comings of the ICC, as it is entirely dependent upon the Kenyatta's government for the evidence to prosecute him.

These judicial blunders are just the tip of the ice-berg in a litany of judicial fiascos for global secularism. There is no justice for the ordinary person, as the rich and powerful are exempt from liability or criminal punishment. The root cause behind the failure of secularism to uphold justice lies in the sole fact that humans are the principal legislators, and subsequently powerful interest groups are able to manipulate law making to safeguard the interests of the rich and powerful at the expense of the rest of society and humanity.

Justice in Islam on the other hand, is based on the Creator of mankind stipulating the laws according to what society is to be governed by. The rich and powerful, black or white, Muslim or non-Muslim cannot change the laws set by the Creator to protect their respective interests. Allah (swt) says in the Quran,

يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ لِلَّهِ شُهَدَاءَ بِالْقِسْطِ وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَى أَلَّا تَعْدِلُوا اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَى وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ خَبِيرٌ بِمَا تَعْمَلُونَ

"O you who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness. And fear Allah; indeed, Allah is Acquainted with what you do." [Al-Mā'idah: 8]

Indeed, throughout the rule of the Khilafah "Caliphate" State, Islam's justice was an exemplary model for all of mankind to follow, and its achievements were unparalleled in human history.

Written for The Central Media Office of Hizb ut Tahrir by

Abu Hashim