The state is, moreover, based upon two potent forces, the legislative and
the executive. The focal center of the executive power is the government,
while that of the legislative is the learned—and if this latter great
support and pillar should prove defective, how is it conceivable that the
state should stand?
In view of the fact that at the present time such fully developed and
comprehensively learned individuals are hard to come by, and the
government and people are in dire need of order and direction, it is
essential to establish a body of scholars the various groups of whose
membership would each be expert in one of the aforementioned branches of
knowledge. This body should with the greatest energy and vigor deliberate
as to all present and future requirements, and bring about equilibrium and
order.
Up to now the religious law has not been given a decisive role in our
courts, because each of the ‘ulamá has been handing down decrees as he saw
fit, based on his arbitrary interpretation and personal opinion. For
example, two men will go to law, and one of the ‘ulamá will find for the
plaintiff and another for the defendant. It may even happen that in one
and the same case two conflicting decisions will be handed down by the
same mujtahid, on the grounds that he was inspired first in one direction
and then in the other. There can be no doubt that this state of affairs
has confused every important issue and must jeopardize the very
foundations of society. For neither the plaintiff nor the defendant ever
loses hope of eventual success, and each in turn will waste his life in
the attempt to secure a later verdict which would reverse the previous
one. Their entire time is thus given over to litigation, with the result
that their life instead of being devoted to beneficial undertakings and
necessary personal affairs, is completely involved with the dispute.
Indeed, these two litigants might just as well be dead, for they can serve
their government and community not a particle. If, however, a definite and
final verdict were forthcoming, the duly convicted party would perforce
give up all hope of reopening the case, and would then be relieved on that
score and would go back to looking after his own concerns and those of
others.
Since the primary means for securing the peace and tranquillity of the
people, and the most effective agency for the advancement of high and low
alike, is this all-important matter, it is incumbent on those learned
members of the great consultative assembly who are thoroughly versed in
the Divine law to evolve a single, direct and definite procedure for the
settlement of litigations. This instrument should then be published
throughout the country by order of the king, and its provisions should be
strictly adhered to. This all-important question requires the most urgent
attention.
Public-domain text, read in full here on John Shaqi.
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