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POLITICS AND GOVERNMENT MODEL POLITICAL AND ADMINISTRATIVE ORGANIZATION IN THE JUST ORDER

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In the desired Just Order, that's in this new world system which will be built in conformity with the laws of nature and universe (natural and social laws), political and administrative structure will also change and be reorganized.

In this new political order:

1. Actual participation of the public in government through free and fair elections will take place

2. And, the power and authority of the state - a central power - to appoint, pursuit and possess will be maintained and a mutual and stable system will be built.


In this new just system, the balance of "decentralized government-centralized government" will be set and preserved. Thus, dispersion and excessive population density and the problems and drawbacks of direct and representative election systems of today's democracies will be eliminated. Deceptions that lead to oppression of minorities by majorities and influence of external powers and capitalists on government through various tricks will come to end. Besides, the central governments that come to power one way or another and possess all authorities and influential mechanisms (such as press and media organs) will not be allowed to rule and control people as they wish as a consequence of election tricks.

Just Order will stabilize and assess the separation of powers as "accordance of powers and execution of them in their own area" but not as "the clash and conflict of powers" as it is today.

Just Order has three branches:

1. Legislative (making and passing laws)

2. Executive (putting laws into effect)

3. Judicial (system of courts which administer justice)

In addition to these powers, another power that will be undertaken by religious and moral institutions (every kind of religion and sect members and establishments) will be added;

4. Control (Inspection and examination)

In the Just Order and especially during the "transition period", instead of a single law system, it would be better to form a kind of "common constitution composed of different law systems" which is today partly in practice in countries like Germany and America and which is similar to the peace treaty that includes the terms of famous Medina Pact: "Joint Defense and Living Together" with Jewish, Christian and native tribes there and it would also be appropriate to provide opportunities to the private status within general order. After all, ISLAM is based on peace and safety. In addition to a shared and general constitution, a chance for different religions, sects and religious communities to implement their own law in certain areas will be available in this system.

This new and just political system will guarantee all basic human rights and freedoms and it will be obligatory for individuals (citizens) to join moral, political, scientific and economic institutions. Everyone will decide on their own political party in terms of politics, sect or school (of thought) in terms of science/education, trade union or professional association in terms of economy and spiritual preference or tendency in terms of morality; they will choose all these things of their own freewill and change whenever they wish. However, participation in these social institutions will be through partnership agreement but not through membership system as it is today. For instance, political parties or associations will turn into a center for meeting, social cohesion and solidarity and each institution will attain an authoritative and proficient position to protect and defend the rights of its partners/parties (members). And the participants sure will take on financial responsibility regarding these institutions in return. Political, moral, scientific and economic institutions will give consent to their members such as "that person who is our member is trustful and competent" for commercial, art, official activities etc. and, in case of fraud and betrayal, they will be held responsible and compensate for any loss or damage. The compensation will be paid by all members of that institution. That's, it will be paid via the private budget of that institution.

In such an order everyone will struggle to be competent and skillful in their professions or businesses, trustworthy and honest in their trading and dignified and noble ethically. Otherwise, they will not be able to find an institution that will embrace and accept them as partners.

Only in that case do people and institutions compete for service and goodness but not for injustice and impudence and thus a prosperous and a happy society will arise.

A - General Perspective

Just Political Order will be in harmony with general state order and other (economic, scientific and moral) institutions.

The mission of Just Political Order in the world and in the country:

  • 1. Establishment of peace and security
  • 2. Preservation of the rights and freedom
  • 3. Establishment and implementation of Justice
  • 4. Protection of unitary structure of the state and peace of the nation.

Just Political Order, in order to carry out these tasks, has prepared all kinds of essential organization both in the state plan and worldwide.

B - Functioning of the State

1- Political Structure in the Just Order is based on the principle of "Decentralized Government - Centralized Government"... Central authority and organization of the state will be maintained and the participation of the people in governance at all stages and a consensus will be achieved. Yet, the unity of the state and nation will be preserved.

2 - a) The units such as "Individual, street (or site) - sub-district - province - State" are approved as democratic units and it is aimed that governors for site, sub-district, province and state come to power through elections.

b) The units such as "Family, village (district) - County - Region" are considered to be economic units and it is agreed that governors of these units are appointed by central government.

That's; individuals elect chairman of the street (or representative of the site), these representatives gather and elect chairman of the sub-district, and they elect governors (head of the provinces) and he governors elect the president. The president can be elected directly by the public if need he.

Afterwards the elected authorities appoint heads of some units. That's, Head of the State appoints governors of the regions (because the country will be divided into service regions in terms of their geographical and economic features and this will take the load off the capital)

Elected governors elect governors of provincial districts (governor of a county),

Those elected as heads of sub-districts appoint the quarter and the village headmen.

This system is completely unlike and different from the "federative system" that the external powers impose on us.

C - Political System in the Just Order is planned according to "Solidarity Partnership System"

  • 1 - There are "4" basic elements in this system: Economic, Political, Scientific and Religious
  • 2 - For everyone,

  • a) Trade union or chamber (in terms of economy)
  • b) Political party (in terms of politics)
  • c) School (of thought) (in terms of science)

d) Spiritual preference or tendency (in terms of religion) will be identified and confirmed
officially.

  • 3 - Every citizen will take part in "the main contract and the preparation of common principles of these groups whose partnership strategy s/he join as a member by taking on financial responsibility and compensating together with other members for the loss caused by those other members" and thus "A Consensus View" will be built.
  • 4 - Parties will be empowered and held responsible for "political and legal problems" of their partners or members; unions and chambers will be responsible for "economic and commercial" issues; schools will have the responsibility for "scientific and social" needs, and religion institutions will have an obligation and authority to meet "the moral and social" needs of their members.
  • 5 - Every citizen has a right to change his party, union or moral groups whenever he wishes but he has to join another group. Otherwise he will be alone. Because, it is based on the balance of "blessing - burden"
  • 6 -Other participants are charged with paying compensation at certain amounts because of the damage to society caused by one of the members intentionally or as a result of negligence; this will result in a kind of auto-control mechanism for participants and members to have a control over each other and there will be a natural and effective mechanism of "command goodness and forbid evil" in the society, so people will start to compete for goodness.
  • 7 - Social Stability

  • a) Scientific (competent) groups make rules and laws (lawmaker)
  • b) Financial (economic) groups regulate commercial and economic life
  • c) Political (party) groups protect order, form government and plan management
  • d) Moral and religious groups provide control and inspection and thus a social balance comes to life.
  • 8 - In Social Order, "free licensed and certified public services" is activated and an
    arbitration system settles the disagreements.

THE SHURA SYSTEM IN THE JUST ORDER

SHURA SYSTEM (The principle of mutual consultation, Islam's form of democracy) makes it possible for everyone everywhere to have a voice in the government.

SHURA SYSTEM: In the Just Order;

1 - In Sub districts that will reconstruct as the smallest state form, the elected chairman of sub district take action together with a SUB DISTRSCT SHURA which consists of;

  • a) School (of thought) authorities in point of science
  • b) Union and chamber representatives in point of economy
  • c) Senior authorities of religious and moral groups
  • d) Directors of parties and associations in point of politics

And the chairmen make decisions and implement these decisions after acting in consultation with this shura.

2 - A "PROVINCE SHURA" which is established by the involvement of authoritative
representatives of religious, political, scientific and economic groups and institutions of that province
besides the elected governors of the province and their suggestions and criticisms regarding the
programs and decisions throughout the province.

3 - A "STATE SHURA" is established by the involvement of the elected president and

  • a) senior leaders of all political parties and associations
  • b) general chairman and representatives of unions and chambers
  • c) general authorities from different religions, sects and tariqahs in the country
  • d) scholars and university representatives.

This state shura is a parliament with 4 assemblies.

As a result, today's power- opposition fight and chaos will change into peace and a competition to serve the country. The constructive criticisms and useful suggestions of all units and beautiful minds, no matter who they are - members of power or opposition- will be taken into account.

As we remember, upon the death our prophet Muhammad (saw), the Ansar, the leaders of the tribes of Medina, elected Abu Bakr as the first Muslim ruler and then Umar was nominated as a leader by Caliph Abu Bakr and Umar on his death bed formed a committee of six people to choose the next Caliph from amongst themselves and Uthman was elected as the third Caliph by this committee. And Ali carried out a remarkable and courageous mission as an inspector and counselor in every caliph period. It is now a good equivalence that the institutions of election and appointment and also the institutions of shura and religious inspection all exist in harmony and modernity.

Now, let's have a look at the corrupted structure of today's unlawful political systems to better understand the importance of Just Political Order:

a)The goal of Zionism to rule over the world and the notion of super powers to exploit and tyrannize

b) The injustice distribution of the populations in the world (separation of people with same ethnicity and religion into different nations/countries and intentional division into east-west blocs)

c) Unfair interfering with the domestic affairs of the states

d) Complexity and injustice of general world order and of its copies in countries

e) Superiority of force and benefit to justice and truth

f) Efforts to implement these injustice and immoral orders by force through "centralized system" and armed forces

g) Neutralizing "religion" and excluding it from state and social life

h) Artificial and planned democracies prevent the actual participation of people into governance and the governments do not reflect the will of people.

i) Domination of bureaucracy on government and the complexity and surplus of regulations

j) A system based on the conflict of interests

k) Punishments against freedoms and the copied and clichéd laws not based on social compromise;

Because of problems mentioned above the following problems emerged and became gangrenous.

A - The Present World Order and its imitations have brought about the following outcomes to weaken the peace and security of the humanity:

  • 1. Political disorder: Instability, political weakness and governmental chaos increased climbed up.
  • 2. Social instability: there occurred sharp divisions between continents, peoples and different sections within the same country

3. Internal insecurity: anarchic incidents and social outbursts have gone up and de-facto civil
wars have been going on in many countries.

  • 4. Economic uncertainty: due to the collaboration between mason lodges and MAFIA bosses, commercial morality and economic confidence have perverted and security and justice in economy have disappeared.
  • 5. Wars have been started intentionally and catastrophic arms have been used with the purpose of selling arms, making money through the organization of devastated cities and making the mankind surrender themselves to Zionism and western imperialism
  • 6. Countries have been racing to increase the amount of weapons; they are wasting their budgets on weapons instead of prosperity of their people and country. As a consequence of all these, the whole world and the humanity are face to face with a tremendous threat and danger.

B - Anti-democratic shadowy dictatorships are a real trouble for the societies since they are restricting and abusing the general rights and freedoms:

  • 1. The present political regimes are defective and wrong. They are against the nature of human and society. Separation of powers (legislature, judiciary and executive) is a delusion. Everything is based on a political authority which is under the influence of external powers and capitalist barons.
  • 2. There are fights and clashes instead of peace and compromise. While they need to compromise and settle the groups such as employee-employer, chief-official, soldier-civil, left-right, religious-secularist are in a chaotic environment.
  • 3. Present democracies and elections are a kind of deception that is far from making national will and participation of nation into governance a basis for government. There is exactly a bureaucratic dictatorship.
  • 4. People have lost their confidence in government and justice because of slow-processing courts resulting from complexity of the regulations and bureaucratic clumsiness; and as a result, bribe, fraud and mafia have become widespread.
  • 5. Present laws are far behind the life and contemporary needs.
  • 6. Unbearable and insufferable investigations and attempts to violate personal rights on the pretext of enquiry have weakened the confidence and loyalty of people in state.
  • 7. Giving wrong, unfair and light penalties has increased the number of crimes and criminals.

8.   Mistreated and oppressed people are not protected and those who do harm get away with it; and people cannot seek justice because of the improper defense mechanisms and seeking justice is costly, so they try to do it in their way or they apply to illegal ways like MAFIA

The only solution to all these social and political difficulties and problems is "JUST POLITICAL ORDER".

It shouldn't be forgotten that Just Political Order will be in harmony with economic, scientific and moral orders in the general order.

What kinds of measures are taken in the Just Political Order to establish a peaceful and secure environment?

A - Worldwide:

  • 1 - Establishment of United Nations depending on Justice.
  • 2 - Settlement of the disputes and controversies through peace/justice but not wars.
  • 3 - The required UN organization has missions like:

  • a) Protection of the rights and freedoms of all people with a different religion, origin, notion and level in all countries.
  • b) Providing fair fundamental regulations in all countries.
  • c) Providing conditions in which economic, political, scientific and moral orders do not intervene in each other and the human rights.
  • d) Taking the armament race under control

4 - Reconstructing the partition of administration of the countries according to the principles of the Just Order.

A - Across the Country:

  • 1 - General order based on Truth and Justice
  • 2 - Replanning administrative structure according to conditions of the country and principles of Just Order
  • 3 - Organization of Security Units such as watchmen, police and gendarme in accordance with the principles of Just Order.
  • 4 - Replanning the legal, investigation, judiciary and arbitration system and operating them in agreement with fundamental principles.
  • 5 - Generating faithful, conscientious, useful and helpful persons and forming a peaceful community with responsibility and afterlife belief.
  • 6 - Reconstructing the social development according to "solidarity system" and building a healthy social structure.

Protection of the Rights and Freedoms:

  • 1 - The notion of "JUSTICE" rules over the society thanks to the contribution and influence of religious and moral order and scientific - educational system.
  • 2 - Sharing the benefits instead of interest conflicts
  • 3 - Boundaries of authority and responsibility between the central administration and local administrations will be determined and "local administrations" will be provided with opportunities and facilities.

4- Every strata of the society will take part in the governance according to relative representation system.

  • 5 - Regulations and laws will be made by scholars.
  • 6 - A consensus and ijtihad (interpretation) system will be carried out, namely, it will be possible to make rules according to the circumstances and needs.
  • 7 - Inspections will be carried out by religious-moral groups and they will operate independently and their responsibilities will be increased as much as their authorities.
  • 8 - Competition and guaranty system will be built in services

9- Certified police service will be established and chances for external enquiries will be
created.

10- Just political system will prevent the waste of "chance, personnel and time" and it will
have a plain and practical nature.

LAW AND JUSTICE IN THE JUST ORDER

Justice mechanism and the functioning of the court system in the Just Order will be changed into a new and sufficient structure.

The JUDICIAL SYSTEM in the Just Order will have the following properties:

1 - Judicial system and mechanism will be absolutely independent.

  • 2 - Every sub-district will be considered to be a self-contained judicial unit and an adequate number of judges will be sent there.
  • 3 - In Judiciary: the process of appointment of judges, investigation and execution are different and independent services.
  • 4 - Investigation and appointment of judges will be carried out and concluded by legally certified and competent officials chosen by the parties.
  • 5 - The agreement of sub-district shura is accepted as base in civil law and the person's sect and school (of thought) is accepted as base in private law in conformity with fundamental constitutional system.
  • 6 - Those who are appropriate for the posts of investigation officer and arbitrator in sub-districts will be chosen by the provincial arbitration and investigation boards and those in the provinces will be appointed and administrated by the state arbitration and investigation boards
  • 7 - Lawyers and prosecutors will serve under a new system.
  • 8 - A community cannot be punished because crime and punishment are personal.
  • 9 - Punishment should be deterrent if one is proven guilty of the offense.

  • 10 - The victims will be protected in the solidarity system.
  • 11 - Judiciary expenses will be paid from budget.
  • 12 - The right to forgive is under the authority of victims and heirs.
  • 13 - Military law is binding within the frame of its own private institutions and rules.
  • 14 - Administrative order may issue legal sanctions when necessary.

Because, there is no compulsion in religion but persuasion and endearing

Because, it is a matter of "spirit and heart"

And there is explanation, proof and persuasion in science because it is rational

There will be compulsion and sanction in the order, if necessary because it is related to discipline and authority.

SOLIDARITY PARTNERSHIP

Let's clearly describe the "Solidarity Partnership" system in Just Order: Just order, as described above, consists of "4" different orders whose status and missions are determined in a general order.

1. Political      2. Economic      3. Scientific      4. Moral;

These orders will be regarded as "solidarity units", and each of these formations will consist of plenty of "solidarity groups" in themselves.

1- Political Groups (Political solidarity partnership):

The partnership (group) in which the persons with same goals gather under the leadership of a founding chairman and sign a joint agreement

2- Economic - Social Groups (vocational solidarity partnership):

The partnership (group) which is established by certain craftsmen and artisans and those who do the same job

3- Religion - Social Groups (Moral solidarity Partnership):

This partnership (group) is constituted by co-religionists or those who come from different tariqahs or religious communities within the same religion in purpose of spiritual and moral services.

Because, most of the regions is divided into different tariqahs and it is a well-known fact that religion alone cannot be enough for a person to identify himself. For instance, Nursists, Naqshbandis and Suleymanis, Alevists (common tariqahs of Islam) are all Muslim tariqahs yet they are different in many aspects.

So, a system is required to allow people to establish religious groups according to preferred sects and tariqahs and educate their own members in terms of moral and spiritual values and also carry out the mission of "Social Control - Supervision" in the society.

4- Formation of Scientific Schools of thought (Educational and Scientific Solidarity
Partnership)

While religion and emotions tell people "What to do?", mind and knowledge (science) tell them "how to do it?"

"Educational Institutions" are naturally necessary to get essential and sufficient knowledge and information and teach them to the next generations.

And it is thought that these educational institutions should be organized in the form of schools (universities) and guaranteed as Scientific Solidarity Partnerships

Contracts:

The contracts of these solidarity groups (partnerships) are prepared and signed by free will of the parties (members - partners)

The followings are valid for this;

  • 1 - Texts of "general regulations" that are prepared and enacted by the experts and authorities in that field
  • 2 - "Main Contract" constituted by the members of this partnership unanimously through omission, addition and alteration of necessary parts in these prepared texts.

•3 - Founder and Decision Making Body: Chairman

A person who wants to set up a group (solidarity partnership) for his Religious, Political and Scientific goals and needs inscribes his name on a "Main Contract" which has been published in the Official Gazette and discussed among themselves. Then, he collects the papers with the names of adequate number of members-partners and delivers it to the administrative chief; this is the way how a partnership is set up.

Groups and communities have a distinct personality (artificial person), responsibility and willpower. The consciousness and willpower of the society is represented by the chairman, a decision making body.

Chairmen need to officially drop out their "Private personality" other than their social personality lest their authorities be misused and abused.

For that reason, except for the natural increase in their private assets before the chairmanship, their unusually-increasing incomes should be observed and they must give account of it. These incomes, if illegal, should be confiscated.

The properties gained in this way should be transferred to the next chairman and turned into a kind of foundation status with the purpose of spending them on services related to that unit and group.

For those who are going to be a governor of a sub-district or a province or the president or those who are going to direct a party, union or moral service groups;

  • 1 - Their formerly-gained assets should be ascertained.
  • 2 - They shouldn't be let misuse their chairmanship authority in company and commercial affairs.
  • 3 - If they do not have another income source, they should be granted a payment appropriate for their position and responsibilities.
  • 4 - This is the way to prevent chairmanship from becoming a means of benefit and sultanate and turn it into a competition for voluntary service and goodness.

Then, what are the functions of these solidarity partnerships?

These FUNCTIONS:

It is quite natural that each of these "4" different social groups (solidarity partnerships) function differently within their own areas and boundaries. But, these "4" social institutions have common functions. These will be:

  • a) Introduction
  • b) Counseling
  • c) Defense
  • d) Solidarity

a) Introduction

it is natural that individuals that constitute the society establish relationships and get into touch with each other due to various needs and purposes. These persons have different religions and thoughts or dissimilar customs and traditions and various interests and ideals. It is a fact that we need to know these aspects of the others if we want better and healthier relationships with other people.

One of the most significant functions of the political, economic, moral and scientific partnerships is that they help us know the people belonging to them and have common and general opinions about those people.

This is also appropriate for the principle of "transparency and honesty" in democracies.

b) Counseling (Obtaining knowledge and opinion)

Another important function of units of solidarity partnerships to be set up in the Just Order is that they will counsel their members in their own areas.

Here is a "health" example regarding this issue:

Any person with a health problem will immediately resort to related partnership (Moral solidarity) unit and that person will be sent to general practitioners chosen and contracted by that unit. In every settlement, there will be 10 general practitioners who are paid from the health services budget of the state according to the number of people whose healthy living conditions are guaranteed by them but not according to the number of people whom they treat. The problems that cannot be solved by the general practitioners will be transferred to regional hospitals or specialists (doctors). Wages of these specialists will be determined by the success and abilities of general practitioners connected to them.

And these specialists will perform their treatments under the guaranty of medical authorities whom they are connected to, namely professors of the universities where they graduate from. Professors, besides instructing in return for wages, will be paid according to the success and performance of the specialists in their charge.

If practitioners or specialists leads to a loss for the patients on account of negligence or lack of knowledge, this loss will be compensated by the solidarity partnership which is constituted by their chamber of doctors.

When a medical authority (professor and associate professor) brings about loss or damage for a patient because of wrong prescriptions or treatments, then this damage or loss will be compensated by the lecturers together with directors of the hospital and university.

Doctors in this system will earn more as the number of patients goes down and as the healthy life conditions get better.

In today's system, the benefits of both doctors and pharmacists are directly proportional to the increase in the patients and diseases.

Counseling Responsibility:

The system of "Guaranteed counseling" is introduced to prevent the experts of some professions (doctors, lawyers, engineers) from exploiting people.

Counseling is a help or advice that is given to somebody, especially by someone older or with more experience; for instance, patients consult doctors, builders to engineers, people with legal matters to lawyers, those with religious matters goes to muftis (interpreter of Muslim law) and etc. However, they are never responsible for the losses that result from giving wrong information or documents in today's system.

Scientific, professional, political and moral solidarity units in Just Order will set up counseling units related to their service area to stop this injustice.

In this (guaranteed and refundable) counseling system, the counselors who provide consultancy service will have to admit beforehand the responsibility and losses that will result from their wrong and misguided advices and recommendations.

A patient who suffers much more because of the medicines prescribed by his doctor will indemnify the doctor or a contractor will have the right to indemnify the engineers for the building that collapse due to planning errors.

c) Defense Function

Just state order is the order of justice and freedom. However, the victims should be given the right to defend themselves against the unfair and unjust actions in order that the stronger ones shouldn't oppress the weaker ones and an anarchic atmosphere should be avoided.

So, this mission should be performed by solidarity partnership for everyone to defend themselves easily in every circumstance.

Every partnership has a contracted lawyer in sub-districts; the legal matters that cannot be handled by this lawyer will be transferred to specialist lawyers in provinces and if it still remains unsolved this time these matters will be transferred to authoritative professors. Some part of the wage of the non-specialist lawyer will transferred to specialist lawyers and they also will transfer some part of their incomes to the professors.

In this way, no one will be without protectors and alone in the society.

d) Solidarity: (joint compensation paid by group members for a loss (caused by a member) that affects individuals or state)

This is the most important function that needs to put in charge of social groups. In accordance with blessing-burden balance, people who make use of the advantages of being in a society should take part in sharing its disadvantages.

That's, special principles about "repaying members' damages collectively" will be stated in the main contract of both group.

1- a) - Minor damages must be paid by those who have caused the damage. However, the amount must be stated in the contract.

b - Moderate damages by the sub-district solidarity units

c - Bigger damages by the sub-district solidarity Units

d - Damages and compensations more severe than those will be repaid by the Central (Government) Solidarity Units.

2- The up most limit of the amount that can be paid by the partners should be specified in the
main contract. This amount shouldn't exceed the diyah [(compensation for injury or death)
compensation rate] in case a killing of any person unjustly in sub-districts. This determined
compensation is divided and collected in a way which partners - members can pay it by three-year
installments. However, a monthly installment of a partner shouldn't exceed three-day income of his
monthly income.

This application is a kind of penalty - sanction.

Every group keeps its members under auto-control thanks to this application and a natural (commanding goodness - forbidding evil) application will become widespread. A damage caused by a member will be paid by all members.

This, at the same time, means a very natural and effective insurance. Yet, membership fees are not collected in advance, as it is the case today, but after the damages and compensation emerge.

  • 3 - The compensations that cannot be paid by the solidarity units will immediately be refunded in favor of the victims; and it is later collected from the partnership in charge by the state.
  • 4 - The physically disabled who are incapable of paying these compensation fees are exempt from this.

The compensation of the partners who cannot pay due to short incomes (poorness) is paid from state budget. They are provided with a work area.

Accounting Affairs of Solidarity Partnerships

As every institution certainly has an accounting, the solidarity units also have a record of financial expenditure and receipts.

Accounting affairs are carried out by founding chairmen. They are deprived of their qualification (authority of leadership) as a consequence of investigation and court decision in case they retard their tasks or misuse their authorities.

ARBITRATION SYSTEM

ARBITRATION SYSTEM (APPOINTING ARBITRATORS) as a new notion and institution is introduced to justice mechanism.

As it is known, the RIGHT to something is natural. It exists even if people do not make agreements among themselves.

LAW take places mutually when persons come to agreement on certain issues under legal conditions. Natural law turns into positive law in this way.

It is a binding obligation for everyone to respect these mutual agreements and constitutions which are regarded social contract (consensus). This is called the principle of "Superiority of Law"

Those who violate others' rights are transferred to the courts. The principle of "judicial decisions are binding for persons" is usually objected and violated. One of the main reasons for this is "the appointment of judges by the central administration" because; most of the conflicts take place between the administration (state) and citizens. Whereas, when the case is heard by the judge who is appointed by the state - a party of a case -, it brings the case into disrepute.

The solution is the implementation of "preferably chosen arbitrator" instead of "appointed judge". In this implementation, the parties each choose an arbitrator amongst the jurists who are granted the authority and license to be an "arbitrator" by the state. The court board is constituted with a "chief arbitrator" preferred and chosen together by these arbitrators. And eventually, everyone consents to the decision made by this board.

In the Arbitration System:

  • a) The principle of "sovereignty of the state" is respected since the license for arbitration is granted by the state.
  • b) It is more democratic since the parties decide on their own arbitrators
  • c) The principle of "Superiority of the Law" is respected since the decisions made are officially put into practice.
  • d) At the same time, justice and equity is guaranteed by means of "canceling the license" of the arbitrators who go into wrong or illegal behaviors

"Arbitration" system is also in agreement with the following verses of the Qur'an;

"Whenever you judge between people, judge with justice"[1]

"We have bestowed upon thee from on high this divine writ, setting forth the truth, so that thou may judge between people in accordance with what God has taught thee. Hence, do not contend with those who are false to their trust"[2]

"And if you fear a breach between them twain (the man and wife), appoint an arbiter from his folk and an arbiter from her folk."[3]






[1] An-Nisa: 58

[2] An-Nisa: 105

[3] An-Nisa: 35


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