Khazen

An Islamic rule of law for Lebanon?

Muhamad Mugraby is a Lebanese lawyer, human rights defender and president of the Center for Democracy and the Rule of Law. He wrote this article for THE DAILY STAR.

By Muhamad Mugraby, There is little doubt that Lebanon has no future as an independent and democratic political entity without the establishment of, and full respect for, the rule of law. The question is: Which rule of law? A rule of law on the legal tradition which Lebanon borrowed from Western Europe, which may be referred to as the "civil rule of law," or a rule of law based on Lebanon’s pre-statehood and original tradition of Islamic law, which could correctly be called the "Islamic rule of law?" The failure of the civil rule of law to take hold would make it inevitable for the Islamic rule of law to take over.   Among the most elementary requirements for the civil rule of law which Lebanon had to observe is the development of a body of statutes sanctioned by a legitimate legislature, constitutionally established (i. e. a duly elected parliament). This task has been mostly fulfilled by borrowing and Arabizing text from French law. But so far many other necessary requirements have not been met, such as, by way of illustration:

A. The existence of one legitimate constitutional government, recognized by the people as legitimate and sovereign, with all three branches constituted as per the constitution: the executive (Cabinet), the legislative (Parliament) and the judicial (courts of law), governed by law and accountable in accordance with the law with honor and integrity.

B. Equality under the law with no discrimination for reasons such as religion or gender, already provided under Article 7 of the Constitution.

C. Equal application of the law, which requires consistency in interpretation of the rules and in their application to citizens.

D. Respect for human rights, particularly in the prevention of arbitrary detention and all forms of torture, safeguarding the rights of defense and avoidance of denial of justice.

Lebanon’s dismal failure on all these fronts flagrantly and flatly contradicts its subscription, in its statute book, to the West European legal model. Hence, a full and candid diagnosis is urgently called for.

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