So far as judiciary is concerned, one finds no difficulty at all in adopting the Islamic pattern

So far as judiciary is concerned, one finds no difficulty at all in adopting the Islamic pattern, because the concept of an indepen­dent judiciary, even though appointed by the executive, is Islam’s special contribution to the world.

It has in fact been prevailing from the very infancy of Islam. The concept of Islamic justice is far superior to that of any other system.

Power should be given to our superior Courts to strike down laws repugnant to Quran and Sunnah.

The Ulema Council should also be set up to bring back the old ifta jurisdiction and to assist the judges in solving complicated question of “Figh”.

It should be obligatory for judges to consult them before striking down any existing law on ground of repugnancy with the Quran and Sunnah. The legislature should also have the right to consult them wherever

Any question arises regarding the validity of law proposed to be passed by the legislature.

When Islam established its state in accordance with its eternal principles, the Prophet, he was the first judge of that state, and he performed that function in strict accordance with the Law of God.

Those who succeeded him had no alternative but to base their decisions on the Law of God, as transmitted to them through the Prophet.

It can hardly be stressed that the Courts of Law in an Islamic State are established for the purpose of enforcing the Divine code and not to violate it as they are doing at present in almost all the Muslim States.