11 November 2010 By Mshari Al-Zaydi According to a recent report in the Saudi Arabian "Okaz"
newspaper, the chief justice of one [Saudi Arabian]
region has called on a cleric who specializes in the
Islamic practice of Ruqyah [reciting the Quran as a
means of treating sickness and other problems] to
prepare a letter for the court which details
information that he obtained from a "jinn" that he
contacted with regards to a corruption lawsuit that a
judge has reportedly been implicated in. The Supreme Judicial Council in Saudi Arabia has
issued a statement regarding the local newspapers'
claims, confirming that the authorities are
investigating a case of financial and administrative
corruption, and that some members of the judiciary
have been placed under arrest. The Supreme Judicial
Council also clarified that it is monitoring the
judicial work in accordance with its jurisdiction and
authority, as stipulated by the judicial system in the
supervision of the court and the judiciary, as part of
their periodic inspection of judges in order to ensure
their competence, the "Al-Eqtisadiah" and "al-Riyadh"
newspapers reported. According to Monday's edition of
the Okaz newspaper, the judge who has been implicated
in this corruption case had previously said that he
was "put under a spell" by a financial partner, who is
a co-defendant in this case. The question here is not about judicial immunity or
its prestige, for this is something that is
safeguarded in any country; nor is it about judicial
independence, for this is protected and untouchable.
The question is also not about whether this story
involving jinn and the occult is true or not, or
whether jinn are responsible for other crimes. For
example, the al-Riyadh newspaper published a story in
which a woman claimed to have betrayed her husband
after being bewitched. We cannot examine the
phenomenon of jinn in the same manner as others. The question that must be asked here is simple: Has
the judicial system maintained its dignity and
prestige? Without hesitation, the answer is yes. The
judiciary in any country is the cornerstone of the
state, but does this prestige and status apply to all
members of the judicial system without exception? The
answer is of course no, because a judge, like any
other human being, is not infallible, and is capable
of errors. This brings us to another issue: Who is authorized
to monitor members of the judiciary, rectify their
mistakes, or calling judicial members to account for
committing mistakes or violations? This brings us to
another good question: How could the Supreme Judicial
Council – which is the authority that deals with
judicial affairs – monitor and observe itself?
Wouldn't it be better for an external authority to
undertake this task in order to avoid a conflict of
interests? It is well known that other states delegate the
task of inspecting judges' performance to the Ministry
of Justice, not the Judicial Council, as is the case
in Egypt, Yemen, Jordan and elsewhere. I do not mean to cast doubts on the "ethics" of the
Council members, for we hold them in high regard, but
rather to do justice and ensure that judicial review
applies on everybody equally and fairly. It does not matter whether or not the story about a
stockbroker "enchanting" a judge in order to corrupt
him is true or not. What matters is that if a judge is
accused of wrongdoing, like any human being and in any
manner, logic and justice necessitate that he should
be brought to account for his action by an authority
other than his own reference. This not only applies to
the judicial system, but to all other fields.
Therefore, in Saudi Arabia, for example, there is the
General Auditing Bureau that is independent from the
governmental bodies that it monitors. We are aware of the extent of the development that
has occurred in Saudi Arabia's judiciary; thanks to
the project of the Custodian of the Two Holy Mosques,
King Abdullah Bin Abdulaziz. This project is truly
admirable and promising however rectifying mistakes is
an endless path. A Saudi journalist and expert on Islamic
movements and Islamic fundamentalism as well as Saudi
affairs. Mshari is Asharq Al-Awsat's opinion page
Editor, where he also contributes a weekly column. Has
worked for the local Saudi press occupying several
posts at Al -Madina newspaper amongst others. He has
been a guest on numerous news and current affairs
programs as an expert on Islamic extremism Comments 💬 التعليقات |