Justice in Action

The Concept of Justice in Islam

When Allah (swt) commanded us to be just, He (swt) did not just leave us there to sit and wonder about ‘how’ we can practice justice. Throughout the Quran, Allah has given us numerous guidelines on how to act justly in various situations. Here are a few examples.

Allah (swt) says in Surah Al-Hujraat, verse 9:

“And if two parties among the Believers fall to fighting, then make peace between them both: but if one of them transgresses beyond bounds against the other, then fight you (all) against the one that transgresses until it complies with the Command of Allah. Then if it complies, then make reconciliation between them with justice, and be fair: for Allah loves those who are fair (and just).” (Al-Hujraat: 9)

This ayah gives us the answers to four important points:

What to do when two believers are fighting?

·         First, try to make peace between them.

What if that doesn’t work?

·         Then fight against the one who is transgressing.

What to do if the transgressor straightens out?

·         Then if the one who was transgressing complies with the Command of Allah, once again, try to make reconciliation between them with justice.

Why?

·         Because Allah (swt) loves those who are fair and just.

·          

Allah says in Surah Al-An’am, verse 152:

“And come not near to the orphan’s property, except to improve it, until he (or she) attains the age of full strength; and give full measure and full weight with justice. We burden not any person, but that which he can bear. And whenever you give your word (i.e. judge between men or give evidence), say the truth, even if a near relative is concerned, and fulfill the Covenant of Allah. This He commands you, that you may remember.” (Surah Al-An’am: 152)

This ayah gives us the answers to three main points.

What to do with an orphan’s wealth?

·         Nothing. Stay away from it. Don’t come near it.

·         If you must do something, do so only to improve it in a way that it will benefit the orphan.

·   When the orphans attain the age of full strength, give them their wealth in full measure and in full weight with justice.

How should you give your word?

·         When you judge between men or give evidence, say the truth! Say the truth even when a relative is concerned.

Why?

·         We must fulfill the Covenant of Allah (swt). This is His Command.

·          

Allah says in Surah Al-Ma’idah, verse 45:

“And We ordained therein for them: Life for a life, eye for an eye, nose for a nose, ear for an ear, tooth for a tooth, and wounds equal for equal. But if anyone remits the retaliation by way of charity, it shall be for him, an expiation. And whosoever does not judge by that which Allah has revealed, such are the wrong-doers.” (Surah Al-Ma’idah: 45)

We find the answers to several questions regarding the implication of justice, in this ayah.

What should be done in the case of intentional murder?

·         Death penalty. Allah says: “A life for a life…”

What should be done if someone hurts you?

·         Hurt them, just as they hurt you. No more than that.

Is it a MUST to retaliate?

·         No, you do not have to retaliate, although you have the full right to do so. Allah (swt) says, “But if anyone remits the retaliation by way of charity, it shall be for him, an expiation.” If someone commits an injustice towards you, and you forgive them for the sake of Allah (swt), and remit retaliation, Allah (swt) will forgive your sins in return for that noble deed.

·          

What if someone wishes to retaliate in a way other than that which Allah revealed?

·         We cannot base our judgment on anything other than what Allah (swt) has revealed. We cannot go beyond our limits when retaliating. Allah (swt) (swt) says, “And whosoever does not judge by that which Allah has revealed, such are the wrong-doers.”We must judge and retaliate in the way Allah has revealed. Any person who goes against Allah’s guidelines falls into the category of wrongdoers.

These were just some examples of ayaat where Allah (swt) tells us ‘how’ to implement justice in different scenarios of life. The Quran goes into extensive detail in explaining the implementation of justice in many other issues, such as divorce, inheritance, theft, and so on. For the sake of brevity of the paper, we hope that these three examples will be sufficient.

Source: The Concept of Justice in Islam

to be continued . . . .

Allah Has Commanded us to be Just and Fair

The Concept of Justice in Islam

“Oh you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a better protector to both (than you). So follow not your lusts, lest you may avoid justice, and if you distort your witnesses or refuse to give it, verily, Allah is ever well acquainted with what you do.” (Surah Nisa: 135)

In the above ayah, Allah has commanded in explicit words the importance of standing up for justice. Before Islam, the Arabs were living in a state of ignorance. Their loyalty was to themselves, their families, their own tribes, even when their own were committing great injustices. Allah (swt) then sent down this verse, commanding the Muslims to be just, even if it goes against themselves, their parents, their kith and kin, and whether they be rich or poor.

Naturally, it is very easy for human beings to wish for justice against others who have done injustice upon them, or to a third party. The heart is prone to inclining towards that which is just. This natural inclination, however, changes when we are the ones at fault. Let’s take a look at the following scenario.

Suppose your neighbor’s house has been robbed. Their doors have been broken, windows shattered, and belongings taken away. Their lives are left in ruins. Naturally, your heart will incline towards bringing the burglar to justice. The victims would definitely want the thief to be punished. Now, let’s say that thief is you. Would you still want justice to be served? As the criminal, you would do your utmost to get away with the crime. Now that your own self is at stake, you no longer incline towards justice. So what if the thief is your father? What if the thief is your brother? Most likely, you would still incline towards saving your family by concealing their crime, and helping them get away with it. Yet, if the culprit is NOT yourself or your family, you would want justice to be served, for the exact same crime! Why the double standards? These double standards are the result of our lusts and desires, which often lead to injustice.

To perfect the concept of justice, Allah (swt) orders us to stand firmly for that which is true, even in situations where our hearts will incline towards that which is unjust. Regardless of who is at fault, we MUST stand for that which is right. Even if we ourselves are the ones at fault, we do not have the right to escape punishment. We cannot conceal the wrongdoings of our family. Allah knows our natural inclinations, and thus firmly commanded us to refrain from following our heart’s desires, lest we avoid justice.

The Wisdom Behind this Command      

In Surah Ma’idah, verse 8, Allah explains the wisdom behind the command to establish justice in society.

“Oh you who believe! Stand out firmly for Allah, as just witnesses, and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety: and fear Allah. Verily, Allah is well-acquainted with what you do.” (Al-Ma’idah: 8)

We understand from the above verse that Allah (swt) has commanded us to be just, because that is closer to piety. Although the ayah here points out that justice is ‘nearer’ to Taqwa, there is not any other course of action to take. According to Tafsir Ibn Kathir, ‘nearer’, in this verse, means ‘is’. So why is Allah equating justice to Taqwa? Let’s put things into perspective.

Taqwa, in its general meaning, is God-consciousness, or a state of submission. A person who has full taqwa can never stray away from being just. We know that Allah (swt) is watching us at all times. We know that Allah is well acquainted with what we do. This fear of Allah’s displeasure and anger would prevent a person from being unjust in situations where serving justice becomes necessary. We know that Allah wants us to stay within the walls of justice, even when dealing with ourselves, with our family, with the rich or poor, even with an enemy. Only a person with full taqwa could practice complete justice like that.

Source: The Concept of Justice in Islam

to be continued . . . .