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The infertile and the orphan justice

 

Jamaluddin Afghan was asked: When is justice achieved? He answered: When powers are equal.

Achievement of justice means that each one who has a right gets it, the strong does not overshadow the weak, nor the right owner has to abuse to get his right and to achieve his purpose. Justice achievement supposes providing three conditions.

Fair law, fair judge and dominating strength are the three conditions that support the right owner and provide power equality within the unfair to justice, arrogant in position and with the weak rivals.

This is why it is very important to have a fair judge because is the essential guarantor to eliminate injustice and access to fair judgment between two parties or more. This is why he must have the qualities that justify his position and give him the right to separate between litigants without equivocation or bias. These qualities are:

-  The judge must have a deep knowledge about the laws and their real meanings.

-  He must be a balanced person, calm and confident, with a clear opinion, away from emotion and anger.

-  He must be objective, away from being affected by emotions.

-  He must be aware about his position and the importance of his role which is away from being an investment or a starting point to get to another position.

Every judge should have these qualities in order to be fair and separate between people without any doubt about his judgments. Unfortunately, they are missing at some judges these days. It was the authority’s responsibility to help the judge in staying stable and fair through providing him with security, comfort and tranquility. Also, the authority should offer to the judge a decent living to guarantee his immunity against physical and social temptations that might veer him from the right path; this way, the judge remains free and acts according to his professional conscience. But unfortunately, the judge became prisoner to temptations that make him neglect the duty towards his community and this is not a possibility, because every person may get weak while resisting when flooded with selfishness and ignorance. So, he becomes a follower to others in a spiteful way and our society is full of examples. Is there anybody who can deny that reality?

We all know what the authorities should do to guarantee the credibility of the courts by ensuring the judge with material needs and preserving his human dignity which is often a slogan to pass other inducements. Even if authorities keep the judge’s power and his prestigious surroundings and society in most of the Arab countries, they remain keen to secure their needs and desires through malicious policies and far from the sovereignty of justice.

We recommend that effective authorities secure many conditions to maintain justice in all its aspects, especially through providing fair laws and fair judges, who identify ways to guarantee justice away from self-interest keeping them and their family safe under the law and away from abuse of power.

Perhaps in a short time, we hope to have immune judges in their advanced positions capable of protecting the right of people, while being safe from malicious role of stakeholders in society working on disorder and injustice.

While stating that justice is the basis of sovereignty, we can imagine a society where the justice balance is disturbed due to the ignorant or biased judge issuing verdicts opposing the operative justice and the social norms.

This will act like a hurricane that ravages everything in this society, where the law of the jungle will prevail and the strong will eliminate the weak. Also, oppressors will consume what they can reach with their hands, killers and thieves will get away with their crimes and then chaos will prevail. To conclude, the social contract will be abolished, destruction will prevail with the decline of morality and values associated with the family. The inherited traditions associated and the national conscience calling for good will be eliminated from the entire social norms.

Dear judge, protect your human conscience so you won’t lose it on the tables of gossipers and corrupted, because their corruption will destroy you will destroy everything in society.

At the end, when justice regresses and judges become biased in any homeland or state, society will be ruined, injustice grows and corruption will prevail. Living in such a place will be a kind of suffering and affliction. May God protect us from evils of injustice and guide us to fair judgment and fair judges who fight injustice and tear corruption uproot.

 

12-11-2013
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