Justice in Islam
By Haider Zaman
(Dawn)


SOME of the major problems besetting human society these days are terrorism, disrespect for the basic human rights and disregard for fair and impartial justice. Islam is the outstanding religion which provides the most appropriate and effective guidance for overcoming all the these problems.

In whatever way the term “terrorism” is defined and whatever its cause and motive may be, it does involve commission of excesses or crossing of limits, in one way or the other, as its main constituent element. The Holy Quran enjoins us to avoid the commission of excesses in several ways. One is when it expressly enjoins us not to commit excesses (5:87). The other is when it enjoins us not to disturb the balance (55:8). The balance is invariably disturbed through the commission of excesses. Therefore what the Quran emphasises by enjoining us not to disturb the balance is to avoid the commission of all kinds of excesses including the acts of terrorism.

Secondly, the Quran expects the community of true believers i.e. those who follow its teachings in letter and in spirit, to be the people who are justly balanced (2:143). The people being justly balanced mean the people who follow the principle of golden mean, the people who are given to do justice to every one, in every matter everywhere. Such people have been further categorised as the people who enjoin what is right and forbid what is wrong (9:71). Since the commission of excesses could be a wrong act by itself it cannot be said to have the sanction of the Quran whatever may be the motive behind it.

The Quran enjoins the prohibition of that which is wrong but it does not allow the removal of a wrong with another wrong. It specifically enjoins repulsion of evil with goodness (41:34), moderation as a way of life (31:19), doing of justice even to enemies (5:8) and kindness even to non-believers (60:8).

As regards the respect for the basic human rights, the most important of these is the right to equal treatment in certain matters and aspects of life. For example, our Constitution provides that all citizens shall be treated equally before the law and that there should be no discrimination on the basis of sex. But the Quran deals this issue in a more natural, realistic and broader sense when it says that all human beings are equal because they are born of the same male and female couple (49:13).

Elaborating this verse, the Holy Prophet (Peace be upon him) further said that “In the light of this verse no Arab has any superiority over a non-Arab nor any non-Arab has any superiority over an Arab. Neither black is superior to white nor white is superior to black. Of course, if there is any criterion of superiority and respectability it is Taqwa (righteousness)”.

This verse and tradition not only emphasise the equality of human beings which implies equal treatment in all matters where necessary and practicable, but also observance of the principle of equal opportunities where possible. Righteousness is the kind of standard that every one can have an equal opportunity to attain if he so wishes. There can be no better and more appropriate example of equal opportunities than this.

Thus, the first thing that the Quran expects us to do is to recognise that all human beings are basically equal and on that account entitled to all such rights that could be basic to the human dignity. The practical example of equality was manifest in the directive of Hazrat Umar to the governor of kufa which specifically emphasised that he should treat the people equally in his presence, in his company and in his decisions, so that the weak is not deprived of justice and the strong had no hope of any favour.

Some other acts and behaviours, having close bearing on almost all the basic human rights, as specifically enjoined by the Quran, are: not to usurp what belongs to others (2:188) (4:32), not to violate trusts (8:27), to keep up pledges (17:34), to render financial help to the needy (2:219), not to withhold from others things that are due to them (11:85 not to commit excesses (5:87), treating parents with respect (17:23) and treating others the way one would like himself to be treated (2:267) (4:86). Compliance of these directives will, among other things, facilitate the exercise of almost all basic human rights to a great extent.

So far as justice is concerned, no religion provides as comprehensive and effective guidance in that regard as Islam. In the first instance the Quran commands us to do justice because it is akin to piety (5:8). It further says “O believers, be you the standard bearers of justice and witnesses for the sake of Allah, even though your justice and evidence might be harmful to yourself, or to your parents or to your relatives. It does not matter whether the party concerned is rich or poor; Allah is their greater Well-Wisher than you. So follow not passion lest you lapse or fall away (from truth) and if you lapse or fall away, then Lo! Allah is ever informed of what you do” (4:135).

The above verse exhorts the believers to be fair, firm and uncompromising in the administration of justice. They must do justice in all circumstances even if the outcome is harmful to their own persons or interests or to their parents or relatives. It further says that justice should be done no matter who is affected and to what extent. It should be done to the rich and the poor without discrimination.

The most important message in this verse is that while administering or doing justice one should not be influenced by any extraneous or even humanitarian considerations. He should uphold the balance and do full justice bearing in mind that he is doing it for the sake of Allah. The inclination towards giving right decision is strengthened by the remembrance and fear of Allah (8:29).

The Quran further says “O believers, be steadfast in giving evidence for the sake of Allah in equity and let not enmity of any people provoke you so as to turn away from justice. Do justice for it is akin to piety. Fear Allah: Indeed He is aware of what you do” (5:8). The verse, among other things, tells us that justice shall be done alike to the friends and foes. The mere fact that one of the parties happens to be one’s friend or enemy should not impel him to deviate from the path of justice.

Thus, the Quran enjoins us to do justice even if the outcome may be harmful to us or to our parents or relatives and irrespective of the fact that one of the parties happens to be rich or poor or is our friend or enemy.

Since the dispensation of justice largely depends on evidence, the Quran lays special emphasis on the availability of proper and relevant evidence. It says “Never conceal evidence for he who conceals it has a sinful heart” (2:283).

It says again “Cover not truth with falsehood nor conceal truth when you know” (2:42). and further “O believers, be steadfast in giving evidence for the sake of Allah in equity and let not the enmity of any people provoke you to turn away from justice”

(5:8). Likewise, the verse (4:135) as reproduced above lays emphasis on giving true evidence even if such evidence is harmful to the person giving it or to his parents or relatives.

Thus in all cases, whether in combating terrorism, or in promoting exercise of human rights or administration of justice, the guidance provided by the Quran is unique, effective and relevant for all times to come.