Justice between reality and aspiration

By lawyer Ahmed Hassouna:-
The word justice is one of the finest terms in the dictionary in general and in the lawyers' dictionary in particular, and the finest thing about justice is its application to everyone, for then every citizen feels reassurance and tranquillity. And this is what every one of us seeks.
And we have in our Messenger, peace and blessings be upon him, the best example, on the day when he said to Usama ibn Zayd, when he intervened in the case of the Makhzumi woman who had stolen, the Prophet, peace and blessings be upon him, said to him:
(Do you intercede regarding one of the prescribed penalties of God, O Usama? By Him in whose hand is the soul of Mohammed, if Fatima the daughter of Mohammed were to steal, I would cut off her hand)
And it is no shame that we should learn what is good from the conduct of our enemies, for our Prophet, peace and blessings be upon him, says of this:
(Wisdom is the believer's lost property; wherever he finds it he has the better right to it..) The scene among the Jews is rich in cases and events that testify to their keenness to apply justice among themselves, whatever the standing of the one who commits the offence, so that the matter reached the point of holding the highest head of the state to account and imposing the punishment on him and on other prominent figures. And truth be told, the law is applied to their own people without discrimination or favouritism, and this is a fundamental cause of their strength, for the citizen among them feels stability in this respect in a tangible way, with all the positive effects this has on the society they live in

Justice in its broad meaning and its great resonance needs many important elements and pillars for every citizen to feel it, for justice is not a slogan raised nor a word repeated; rather it is conduct practised and acts achieved on the ground. Therefore, if we want to raise justice in the reality we live in to the justice we aspire to, many matters must be taken into account in order to correct the course of justice so that it moves in the right direction, and among these matters are the following:

- Not allowing party or family considerations to stand as an obstacle before the application of justice to everyone
For the right is above all, and therefore standing in the way of justice is a crime in itself.
- Not neglecting the complaints submitted by citizens, whatever the matter and whatever the standing of the one who submits it, for all citizens are equal before the law
- Humility on the part of officials, and let them not forget that they are charged with following up citizens' concerns and complaints.
- Working on understanding citizens' concerns and problems and on setting out the appropriate solutions to them.
- Deliberation in appointing employees in general and those working in the edifice of justice in particular, whether at the courts or the prosecution, etc.
So that only the competent are appointed, so that they may understand citizens' problems easily and work on solving them in the shortest time and at the least cost.
And other necessary matters that must be given attention by everyone, particularly the decision-makers in our country, so that everyone may enjoy the two blessings of security and stability, for how great a blessing they are if the citizen truly feels them.

Justice has various images and forms, among them:
* Judicial justice: by which I mean that everyone is equal before the law, with no difference between rich and poor, between the head and the subordinate, for the law applies to everyone without discrimination, provided that each party to the dispute is given their right to present the evidence they have in order to prove the soundness of their claim, without intervention or pressures from any party or body on the course of the judicial process. This image of justice is considered one of the most important of them, and therefore it needs continuous follow-up and evaluation by the competent bodies.
* Employment justice:-
By this image of justice I mean that there should be fairness in taking up posts, so that holders of qualifications and competences are given precedence after examinations and interviews are held, and that there be no place for favouritism. Only then do we find the right person in the right place, and then the service will be provided to citizens in the best way, because it will be provided by a competent employee worthy of their post.
* Legal justice:-
By this I mean that the law applied should be acceptable and consistent with the stage we live in, not as we observe with many of the laws applied to us that time has worn away, such as the penal code of 1936 by way of example and not limitation, where we find its texts not at all suited to the stage we are living in, besides being a law laid down by British colonialism, in addition to the fact that its texts as a whole contradict our values, our morals and our sharia. Most of the punishments set out in this law are not suited to the enormity of the offence committed, particularly the crimes against decency that offend modesty, such as the crime of adultery, rape, harassment and others, for we find this law providing punishments for these hideous crimes that are not deterrent, crimes our society rejects with all its strength. If we want to enjoy a clear image of legal justice, the law in force must be suited to our customs, our traditions, our sharia and the stage we are living in, not as our situation is today.
* Economic justice:-
By economic justice I mean that the citizen should enjoy a comfortable living, and that can only be achieved by enacting the laws that encourage investment, the establishment of projects and the attraction of capital, by providing facilities for business people among the citizens and others, and by reducing taxes, in addition to helping the working class obtain honourable work from which they may support their families. Then everyone will touch an image of justice, namely economic justice in its true form.
A final word: in it I appeal to every official and decision-maker in our country: you must have regard for the higher interest of the country and the people, for the stage requires every sincere hand working for the good of the homeland and the citizen.
Of this the Lord Almighty says in His noble Book: (And say, work, for God will see your work, and His Messenger and the believers).