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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 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. If, however, a definite and final verdict were forthcoming, the duly convicted party would perforce give up all hope of reopening the case, and would then be relieved on that score and would go back to looking after his own concerns and those of others.
(36:5)
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