Pakistan's Problem of Justice!

Any society that loses its justice system ultimately collapses! In the recent times that has been the problem with Islamic states and societies! In the recent times Islamic societies, and there is no dearth of examples, collapsed after their justice system collapsed! Somalia, Iraq, Libya, Afghanistan, Sudan, and many others collapsed because their costly Western judicial system failed to deliver!

Pakistan is no exception! Pakistan's British judicial system has a backlog of more than 3 million cases! Many of these cases are registered for victim-less crimes! Pakistani legislature is too ineffective to relieve its judicial system of the cases in which there is no plaintiff! However, the problem needs  a broader solution!

Pakistani-British judicial system is too expensive in all terms! It is too expensive to produce good advocates, judges, barristers, and paralegal staff! Pakistan is facing a dearth of workers to serve its man power and efficiency starved law department. It is a country of 200 million people without sufficient law experts to deliver efficient justice!
In this situation Pakistan has to seriously think about the devolution of the judicial authority! Even a country like UK with a population of 50 million, and an income 10 times more than that of Pakistan has been working on devolution of justice since last 4 years, just because of the cost! Pakistan should also act in the same direction!

When conflicts among the citizenry rise beyond a threshold , they threaten the fabric of the society! It is happening in Pakistan! For Pakistani judicial system is weakened by the lack of resources, insufficient manpower, and corruption! What can Pakistan do to remove these conflicts from its society cost effectively?
Luckily Pakistan has effective solutions at its disposal to address this problems! Pakistan has two solutions that it can apply simultaneously to support the crumbling judicial system. These two solutions are: the local jury(or panchayat and jirga system) , and the Islamic Qazi system.

Pakistan should evolve its panchayat jirga system, and Islamic Qazi system to support the system of justice in Pakistan. Pakistani liberals might think that these two systems are against their modern conscience! But the problem the society is facing now cannot be solved through appeasing an absolutist modernized conscience! It can only be solved through providing free of cost swift justice at the doorsteps of the citizenry of Pakistan.

It is the deliverance and providence of free and swift justice that is important. Whether it be through the primitiv Lax tallionis or the law of retribution of the Panchayat or Jirga, or through Islamic Law, or through the Modern British law. The type of law through which a society provides justice to its society is only a means: the end achieved is justice. For justice is the life of a society. Great Plato said, " A society where there is no justice, is not worth living in!"

 All laws provide justice! If a society has three types of laws on its disposal, it should use all three to deal with the scarcity of justice! According to Nietzsche:
" If you don't want to die of thirst among mankind, learn to drink from all glasses!"
Pakistan should use all three types of laws and justice mechanisms to deal with the problem of providing justice to its society. Pakistan should imbibe through all sources of law at its disposal to satisfy its thirst for justice. 

Pakistan should not only enact the Moghul department of Qazi Ul Qaza, but also the panchayat system.These two systems of justice have worked simultaneously to serve the judicial needs of the society. During  the British Raj, in certain areas(most of which are now parts of Pakistan) all three systems worked together without much friction. 

However, regarding the Qazi Ul Qaza system that uses Islamic law as its basis, there are certain important things that should be remembered. First of all Qazi ul Qaza or Islamic Law system, if enforced should precisely focus on providing justice and resolution of conflicts. It should not act like Talibans who interfered in the private and cultural lives of the citizenry. 

Talibans imposed illegal and unnecessary restrictions on the society! Those restriction were imposed because at that time they were under the influence of the primitive Arab consciousness! We don't want that primitive and contrary to our culture Arab conscience to prevail on our own! We don't want to disturb the way our people live their lives! We don't want to restrict our girls and women! We don't want to shut down the schools!

Qazu Ul Qaza system used to be a highly tolerant and inclusive judicial system that successfully worked in the muti-religious tolerant India society without disturbing the cultural pluralism of Indian society. Taliban version of Islamic judicial system was a mistake which even their new generations don't want to repeat!

What Pakistan wants from Qazis is that they should resolve conflicts, and decide cases. They should act in the spirit of Quran according to which the aim of justice is to resolve conflicts. 

Qazis can also inspect the quality of life and improve it! But they are not allowed , in any way or by any means, to interfere in the lives and choices of people!

Similarly  Pakistan should improve its Panchayat system! In India they have democratized the Panchayat system. Panchayat in India  is an elected body with a lot of power! Establishment of an effective Panchayat system will be a great support for the judicial system.

Pakistan can support its crumbling judicial system through incorporating the three law systems of Pakistan into its judicial fabric! We hope that Pakistani law makers will deal with this issue properly!