What Does Islam Teach About Justice? Neither love nor
hatred can be allowed to compromise justice.
By Khalid Baig
There is one word that captures the essence of all Islamic laws and all
Islamic teachings; one word that describes the overriding value that permeates
all Islamic values. Justice. The Qur'an says: "We sent aforetime our
messengers with clear Signs and sent down with them the Book and the Balance,
that men may stand forth in Justice." [Al-Hadeed 57:25].
The sole purpose of sending the prophets was to establish Justice in the world
and end injustice. Broadly speaking, doing justice means giving everyone his
due. But this simple statement camouflages all the complexities of life in
their myriad and ever-changing relations; all the temptations; all the
apprehensions and concerns; all the conflicts and dilemmas. To guide the
people, Allah sent down the prophets with clear signs, the Book, and the
Balance. The Book contains the revelations that spell out what's fair and
unfair or right and wrong. The Balance refers to our ability to measure and
calculate so we can follow the path shown by the Book and explained by the
Prophets.
Together these sources taught us what re the rights of Allah, of other people,
and of our own persons on us and how to balance them. A life lived in
obedience to Allah, then, is a continuous balancing act, both individually and
collectively.
Under normal circumstances many people can be just. But Islam commands its
followers to be just even in the face of strong conflicting emotions. In
dealing with other human beings, two major impediments to justice are love and
hatred. See how the Qur'an teaches us to overcome the first impediment when we
are dealing with our closest relatives or even ourselves. "O ye who
believe! Stand out firmly for justice, as witnesses to Allah, even as against
yourselves, or your parents, or your kin, and whether it be (against) rich or
poor: for Allah can best protect both. Follow not the lusts (of your hearts),
lest ye swerve, and if ye distort (justice) or decline to do justice, verily
Allah is well-acquainted with all that ye do." [An-Nisa 4:35]
Here is the resolution from the Qur'an of the perennial conflict between
self-interest and justice. Be just, even if it is against your narrowly
defined self-interest or of those very close to you. Ignorant people think
they are protecting their self-interest by being unjust to others. Their
decision to be just or unjust may be based on a cold calculation of
self-interest. But real faith in Allah elevates one beyond that
narrow-mindedness. These verses remind us that the real protector of interests
of all people is also Allah and He will protect us when we follow His command
to be just. The justice demanded by Islam permits no favoritism.
The other equally potent impediment is hatred. Here again Qur'an commands:
"O ye who believe! Stand out firmly for Allah, as witnesses to fair
dealing, and let not the hatred of others to you make you swerve to wrong and
depart from justice. Be just: that is next to Piety: and fear Allah. For Allah
is well-acquainted with all that ye do." [Al-Maidah 5:8]
In other words you cannot do injustice even when you are de ing with the
enemy. The natural, uneducated, and uncivilized tendency is to treat the enemy
as less than a human being; one who has no rights and deserves no justice or
fairness. It was as true in the pre-Islamic tribal jahilya (based on
ignorance) society as it is today. See how Islam directly curbs it. It is a
command to the believers, with a reminder that Allah is watching you, that
enmity of others cannot be used as an excuse for committing injustices against
them.
Justice does require retribution and Islam does call for, "an eye for an
eye." But it does not mean an innocent eye for an innocent eye; it means
the eye of the perpetrator for the eye of the victim. It is amazing how those
who call the latter as barbaric, actually rally for the former when a real
crisis develops.
Fourteen hundred years ago these commands created a society where rich and
poor, friend and foe, Muslim and non-Muslim, the ruler and the ruled, were all
treated equally and all of them could count on receiving justice. The qazis
(judges) were independent and no one, including the khalifah was above the
law. If a dispute arose between the Khalifah and an ordinary person, both had
to appear in court and provide their evidence. Islamic history is full of
stories of this justice that filled the earth wherever Muslims ruled in their
golden era.
Even during their period of decline, we find sporadic incidents that are just
unparalleled. One example from recent history may suffice here. During the
British Rule in India, once a dispute arose between Hindus and Muslims over a
piece of land. Hindus claimed it belonged to a temple while Muslims claimed it
to be mosque. Emotions were high on both sides and the possibility of a riot
was real. The English judge could not find any means of ascertaining the
truth. It was one group's words against the other's. Finally the Judge asked
both groups if they could trust the testimony of any person. They could. It
was a particular Muslim imam (religious leader) who was known for his p ty.
The person was requested to come to the court as a witness in a very charged
atmosphere, with the entire community urging him to help them win the case
through his testimony. His testimony was brief. "The Hindus are
right," he said. "The Muslim case is baseless." He had not
betrayed the community. He had once more affirmed its unflinching commitment
to truth and justice above all else.
That is the justice the world needs today.
"Allah doth command you to render back your Trusts to those to whom they
are due; and when ye judge between man and man, that ye judge with justice:
verily how excellent is the teaching which He gives you! For Allah is He Who
hears and sees all things." [An-Nisa 4:58]