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Showing results for tags 'Khilafat e Rashida'.
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(salam) COURT P: 1. In court P all the principles of natural justice are abide by. There are instances where the courts deviated from them but generally speaking they follow the golden principle "Audi Alteram Partem" (No body should be condemned unheard). Even if the government wants to take action against some one it gives a reasonable notice to that person to do the needful and also inform the person of non compliance of orders/directions of the government. Even if government neglect this principle, the courts take the action and allow the parties to present their version about the case. There are no instances in these courts where some orphan is deprived of his/her right and the government occupied his/her land illegally without notice to that person. References: http://legalperspectives.blogspot.com/2010/07/audi-alteram-partem-natural-justice.html http://www.pljlawsite.com/html/PLJ2011CR16.htm 2. In court P this is settled principle that no one can be the judge of his own cause. Nemo iudex in causa sua (or nemo iudex in sua causa) is a Latin phrase that means, literally, no-one should be a judge in their own cause. Even if a judge is interested in some cause due to some relation with one of the parties, he sends the case to the big judge to fix the case for adjudication before some other court so that the justice is done and he does not decide his own case. References: http://en.wikipedia.org/wiki/Nemo_iudex_in_causa_sua 3. In Court P, it is written in the constitution that every law shall be made in accordance with Quran and Sunnah and no law in contradiction of Quran and Sunnah will be declared void. COURT A: 1. in Court A all the principles of natural justice were violated. The Court occupied the land of an orphan without notice to her. So the orphan was condemned unheard and her land was occupied illegally and unlawfully in clear violation of natural justice. 2. In Court A the Judge was not only interested in the cause rather he was the party of the case himself but still he opted to decide the case and unilaterally illegally occupied the land of the orphan. 3. The judge invented a hadith in clear violation of Quran. Quran did not provide any exception for a woman from her right in the property left by her predeceased but he made a self made hadith in violation of Quran.
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(salam) Sa’id ibn Uthman ibn Affan asked Muawiyah for governing of Khurasan. Muawiyah said that: “Ubaydullah ibn Ziyad is its governor”[1]. Sa’id said that: "ÇãÇ áÞÏ ÇÕØÚä˜ ÇÈí æ ÑÝǘ ÍÊí ÈáÛÊ ÈÇÕØäÇÚå ÇáãÏíÇáÐí áÇ íÌÇÑí Çáíå æ áÇ íÓÇãí¡ æ æÇááå áÇäÇ ÎíÑ ãäå ÇÈÇ æÇãÇ ÝãÇ Ô˜ÑÊ ÈáÇÁå æ áÇ ÌÇÒíËå ÈÇáÇäå¡ æ ÞÏãÊ Úáí åÐÇ – íÚäí íÒíÏ Èä ãÚÇæíå – æ ÈÇíÚÊ áå æ äÝÓÇ" “He was my father who trained you and brought you up, and ennobled you until under his care and by his graces you reached a position which is ineffable and gained such a place that no one can do that, but you were ungrateful and did not repay his kindnesses, you prefer Yazid to me and make people to swear allegiance to him, I swear to Allah that my father and my mother are better than his and I am also better than him”. Muawiyah said that: "ÇãÇ Çä ʘæä ÎíÑÇ ãä íÒíÏ¡ ÝæÇááå ãÇ ÇÍÈ Çä ÏÇÑí ããáæÁÉ ÑÌÇáÇ ãËᘠÈíÒíÏ¡ æá˜ä ÏÚäí ãä åÐÇ ÇáÞæá æ Óáäí ÇÚؘ" “But about your superiority over Yazid, I swear to Allah, I do not like that my house be full of men like you instead of Yazid, now finish this conversation and say your request to be granted”. Sa’id said that: “O commander of believers! As long as you support Yazid, he will not remain alone, and I will not be satisfied with a part of my right, but now that you refrain from doing that, give me something from what Allah has given to you”. Muawiyah said that: “the governing of Khurasan is yours”, Sa’id said: “what value has khurasan?!” Muawiyah said: “it is only a daily bread for you and your family”. Sa’id left happily, while saying: "1- ИÑÊ ÇãíÑÇáãæãäíä æ ÝÖáå ÝÞáÊ: ÌÒÇå Çááå ÎíÑÇ ÈãÇ æÕá 2- æ ÞÏ ÓÈÞÊ ãäí Çáíå ÈæÇÏÑ ãä ÇáÞæá Ýíå ÂíÉ ÇáÚÞá æ ÇáÒáá 3- ÝÚÇÏ ÇãíÑÇáãæãäíä ÈÝÖáå æ ÞÏ ˜Çä Ýíå ÞÈá ÚæÏÊå ãíá 4- æ ÞÇá ÎÑÇÓÇä ᘠÇáíæã ØÚãå ÝÌæÒí ÇãíÑÇáãæãäíä ÈãÇ ÝÚá 5- Ýáæ ˜Çä ÚËãÇä ÇáÛÏÇÉ ã˜Çäå áãÇ äÇáäí ãä ãá˜å ÝæÞ ãÇ ÈÐá" “1- I mentioned commander of believers (Muawiyah) and his bounty, then I said that Allah blesses him for what he gave. 2- Before that I had spoken angrily with him and said some sayings in which there were signs of wisdom and anxiety. 3- Therefore commander of believers gave me his bounty, whereas before giving that he was not inclined to do that. 4- He told me that: Khurasan is a daily bread for you, Allah rewards commander of believers for his act. 5- If Uthman was in place of him today, I would not be given more than this. When these poems were delivered to Muawiyah, he ordered Yazid to accompany him and give him clothes, and Yazid accompanied him for one parasang (about 6 kilometer).[2] [3] [1] - he went to Khurasan near the end of the year 53 A.H. and stayed there for two years; Tarikh Tabari, vol. 6, p. 166 and vol. 5, p. 297. [2] - Al- Imamah wa al- Siyasah, vol. 1, p. 157 and vol. 1, p. 164. [3] - Shafi'i Shahrudi, A comprehensive selection of Al- Ghadir, p. 1001.
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