Author: Abu Raef
Colonialism (Part 25)
Changing the Legislative and Governance System
The governance and legislative system are adapted to the purpose of determining the rights, obligations, and responsibilities of communities and individuals in the country, and preventing corruption and anxiety in society. However, the establishment of the system and the approval of laws should be done in the light of religion, culture, moral and spiritual values, and the political, social, economic, historical, and natural facts and realities of society. It should also consider the psychological state of the people so that the demands and necessities of the country align with the system and laws. Failure to do so may lead to conflict between the people and the ruling system, where people fight to preserve religious, moral, social, and political values while the ruling system demands compliance through laws that rely on pressure and coercion.
This colonial movement, which aims to eliminate the judicial aspect and governance of Islam from the lives and judicial system of Muslims, has been ongoing for years in Islamic countries, creating bitter and fierce battles in Islamic societies. This lasting battle continues as movements and Islamic groups strive to guide people towards divine decrees, the source of happiness for humanity. Conversely, secular and democratic systems devalue heavenly decrees and laws, attempting to eradicate them from society.
Dr. Habanka Al-Meidani writes: “One of the evident aspects of Islamic Sharia is its incorporation of individual and social situations through divine rules and laws. Islam provides rulings for all people’s situations, including personal and social issues. There is no dispute among Muslims regarding this matter. However, enemies of Islam aim to distance the real themes of Islam, especially those related to people’s transactions and social, economic, and political relations. They seek to replace Islamic rulings with state and civil laws, undermining the principles and branches of Islam.”
Dr. Al-Meidani continues: “The Sharia rulings that regulate people’s personal and public situations, material and literary, political and non-political affairs, are states of war or reconciliation, independent of Islam and religion. People regulate them as they see fit.”
Further along, he states: “Upon entering the judicial courts of most Islamic countries, we observe the influence of European laws. In economic fields, the European economic system of Zionism dominates. When evaluating the political foundations in most Islamic countries, we find Eastern or Western European foundations distant from Islamic principles that ennoble Muslims and their dignity.”
Professor Yahya Mohammad Elias, author of the book “Jang Fakhri,” notes: “Upon launching an intellectual and cultural attack on Islamic countries, enemies of Islam recognized that Muslims adhere strictly to divine and Islamic laws, rejecting manmade laws. As a result, they endeavored to eradicate divine and Islamic laws from Muslims. To achieve this, they sought dominance over legislative centers in Islamic countries, employing all possible means to attain their goal.”
A similar form of colonialism and legislative battle unfolded in Afghanistan. At this stage, colonialists endeavored to remove the judicial and legislative components of Islam from the personal, social, political, and economic spheres of Muslim life in the country. They sought to replace these components with laws they constructed and sanctioned to suit society. These laws were predominantly formulated based on their own theories and enacted through parliament and councils, serving as intermediaries and representatives.
During this colonial movement, colonialists aimed to eradicate the boundaries and standards of Sharia from the lives of Afghan Muslims. To accomplish this, they employed various tactics:
1. Delaying the implementation of divine laws, including those regarding revenge, adultery, alcohol consumption, and theft penalties.
2. Labeling revivalists of religious systems and enforcers of Sharia laws as fundamentalists, backward, violent, and terroristic, leading to their arrest and imprisonment.
3. Substituting human rights-approved laws for provisions regarding personal status in Sharia, such as divorce, marriage age, spousal support, and child custody.
4. Employing imprisonment and fines as alternatives to retribution, escalating murder rates in society.
5. Establishing women’s centers, branded as safe houses for runaway women, fostering corruption and prostitution.
6. Superficially addressing hijab and Islamic decency, promoting mixed-gender gatherings under the guise of human rights and individual freedom.
7. Manipulating interpretations of Quranic verses and hadiths to evade implementation of divine decrees in society.
8. Propagating bribery and administrative corruption among judges and lawyers, enabling capitalists and intermediaries to manipulate legal cases.
9. Embracing international laws to resolve conflicts and family issues, disregarding Sharia and Islamic laws.
10. Adhering to non-Islamic constitutional laws devoid of divine limits in Afghanistan, neglecting Sharia laws and mandates.
These represent only a fraction of the measures taken by colonialist countries to marginalize the judicial sector and Islamic legal and legislative systems in Afghanistan.
