Lawyers

Since the primary means for securing the peace and tranquillity of the people, and the most effective agency for the advancement of high and low alike, is this all-important matter, it is incumbent on those learned members of the great consultative assembly who are thoroughly versed in the Divine law to evolve a single, direct and definite procedure for the settlement of litigations. This instrument should then be published throughout the country by order of the king, and its provisions should be strictly adhered to. This all-important question requires the most urgent attention.

Up to now the religious law has not been given a decisive role in our courts, because each of the ulama has been handing down decrees as he saw fit, based on his arbitrary interpretation and personal opinion. For example, two men will go to law, and one of the ulama will find for the plaintiff and another for the defendant. It may even happen that in one and the same case two conflicting decisions will be handed down by the same mujtahid, on the grounds that he was inspired first in  38  one direction and then in the other. There can be no doubt that this state of affairs has confused every important issue and must jeopardize the very foundations of society. For neither the plaintiff nor the defendant ever loses hope of eventual success, and each in turn will waste his life in the attempt to secure a later verdict which would reverse the previous one. Their entire time is thus given over to litigation, with the result that their life instead of being devoted to beneficial undertakings and necessary personal affairs, is completely involved with the dispute. Indeed, these two litigants might just as well be dead, for they can serve their government and community not a particle.

Certain acts may be grounds for civil suits filed by the abused or their families for award of monetary damages.