Tariq A. Al-Maeena
In recent years, many ministries have undergone extraordinary change, change which has led to more appreciation from the general public. One such ministry is the Ministry of Justice. From batches of fresh young graduates in Shariah law entering the ministry to the introduction of female lawyers, the transformation that is ongoing will surely benefit all residents. Cases are recorded and computerized making it easier to follow up. Judgments are quicker and more direct.
But it was not long ago that people would simply shudder when asked about their experience with our courts. The courts that were set up to mete out swift and wise judgment appeared to many to be a place they dared not approach.
Judges came from diverse backgrounds and regions and with varying degrees of education. Some judges went by their own personal and regional beliefs in the Shariah, which in this country can vary from the harsh to the fairly lenient.
Time was another factor. Cases dragged on for years, as the judge or the other party contributed to the delay. How long a person waited for a case to be heard or a verdict to be delivered was very much up to the whim of the judge appointed to hear the case. Also, there were grumblings about the tardiness of some of judges.
One Saudi related to me his personal experience at the courts several years ago. Applying for a Saudi passport for his foreign wife, he had collected the 37 necessary documents and what seemed a thousand or so affidavits as required by the Civil Bureau. One of the last steps was to appear before a judge to get one of the documents approved.
As he relates: “After several trips to the court, I finally managed to secure an appointment with the judge. Going through my file, he demanded that I produce an attestation that my wife was a Muslim. I replied that such a document did exist in the large file in front of him. As he shuffled endlessly through my file, I quickly pointed out the certification issued by the Islamic Institute in Manchester. ‘But that’s in English and from a foreign country,’ he replied sternly as he pushed my file away. ‘You have to get one in Arabic and from our courts. Go over to the Islamization Section and get one!’"
Afraid of further delays, my Saudi friend replied, "'But Sheikh X, my wife is a Muslim, has performed Haj, been to Makkah and Madinah several times. What difference does it make if the document is in another language? Why do I need another paper to add to this voluminous file?’
"'That is the law. Now go on and don’t waste my time any further,’ he admonished. Defeated in my attempts to break through this man’s sense of reasoning, I made my way to the section only to be told that the translator who was to hear my wife’s Shahada or claim to Islam was on vacation for two months. ‘Two months!’ I yelled at the clerk manning the desk. ‘What am I supposed to do until then? This matter is already dragging for a year now between the several bureaucracies, and I want it to finish now.’ He shrugged me off, telling me he couldn’t do anything to help me.
"With rising temper I made my way back to Sheikh X. This matter had been dragging for more than a year, and I had to put an end to it. I felt I had an ace in my pocket that I was going to spring on him as a last resort. ‘Look at the marriage certificate that was performed in these very courts some 13 years ago, Sheikh X, and tell me who the presiding judge was?’
"Reluctantly, he shuffled through my file again, until he came upon the copy. ‘Now tell me Sheikh, isn’t that your name, stamp, signature and validation underneath? And what exactly is stated by where my wife’s religion is supposed to be.’
"With my blood now racing to boiling and sensing the stonewall beginning to crumble, I continued my attack. ‘And didn’t you yourself claim her guardianship, as she had no family members here? And if she was a Muslim then, what has changed now? Why in God’s name does she need another piece of paper claiming that; unless perhaps you made a drastic error of judgment then?’ This last piece was delivered laced in sarcasm.
"He stared at the paper for what seemed to be a long time, glared back at me for even longer, and finally with great reluctance put his signature and stamp on the required document. Gathering my file quickly and before he had a chance to change his mind, I bolted out of his office and the court building without so much a glance backwards.”
His wife finally obtained her citizenship and my Saudi friend was greatly relieved. Fortunately, such cases seem to have become distant memory. The system has improved and many expect further improvements in the future.
- The author can be reached at talmaeena@aol.com. Follow him on Twitter @talmaeena
