Following the foundations of secular judiciary
Al-Burhan appoints Wahbi as President of the Constitutional Court!
The News:
The President of the Transitional Sovereignty Council, First Lieutenant General Abdel Fattah Al-Burhan, issued a constitutional decree today, appointing Dr. Wahbi Muhammad Mukhtar as President of the Constitutional Court, and His Excellency directed the concerned authorities in the state to implement the decision. The decision is based on the recommendation of the National Judicial Service Commission. (Sudan News Agency (SUNA), 8/30/2025)
Comment:
In Islam, the judiciary is informing of the Sharia ruling in a binding manner, and it resolves disputes between people, or prevents what harms the right of the group, or resolves the conflict between people and any person in the governing body; rulers or employees, caliph or anyone below him. Therefore, there are three judges: the first is the judge, who undertakes to resolve disputes between people in transactions and penalties, the second is the Muhtasib, who undertakes to resolve violations that harm the right of the group, and the third is the Judge of Grievances, who undertakes to resolve the conflict between people and the state.
It is permissible for the degrees of courts to be multiple with respect to the types of cases; it is permissible to assign some judges to specific قضيةs to a certain extent, and to entrust the matter of other than these قضيةs to other courts, but there is no constitutional court or supreme court, as well as there are no courts of appeal, or courts of cassation. The judiciary, in terms of deciding the قضية, is one degree. If the judge pronounces the ruling, his ruling is effective, and no other judge's ruling shall overturn it absolutely unless he rules other than Islam, or violates a definitive text in the Book or Sunnah or the consensus of the Companions, or it becomes clear that he has ruled a ruling contrary to the reality of the situation. The one who has the authority to overturn these rulings is the Judge of Grievances.
This is the judicial system in Islam, and therefore there are no cases that wait for months or years without being decided, as happens under this secular judiciary, where the judge rules in a قضية, then it is transferred to appeal, then to the Supreme Court, then to the Constitutional Court! Thus, قضيةs remain pending for years without being decided, rights, honors, and blood are lost, and قضيةs accumulate by the hundreds in court files...
Thus, it always becomes clear to us that these secular democratic systems complicate life and increase people's suffering... This is in terms of reality, but in terms of Sharia, it is forbidden to judge by other than what God has revealed. God Almighty says: ﴿And whoever does not judge by what God has revealed - then it is those who are the wrongdoers﴾, and He says: ﴿Have you not seen those who claim that they have believed in what was revealed to you, [O Muhammad], and what was revealed before you? They wish to refer legislation to طاغوت, while they were commanded to disbelieve in it; and Satan wishes to lead them far astray.﴾, and God Almighty said: ﴿But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves﴾.
Therefore, in order for us to live in security and peace, Islam must be implemented in all systems of life, including the judicial system, and this will only be in the shade of the state of Islam; the second Khilafah Rashidah on the method of Prophethood, established soon, God willing.
Written for the Central Media Office of Hizb ut-Tahrir by
Ibrahim Othman (Abu Khalil)
The official spokesman of Hizb ut-Tahrir in the state of Sudan
