Justice and the propagation of religion

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Justice and the propagation of religion

Islam provides a unique philosophy in the world of religions because each and every act of a Muslim may be equated to a religious one, as motive behind such act is of paramount importance, so justice in Islam is considered to be a barer of Allah, while administration of justice is not alone official or moral duty but also a religious one. The dispensation ‘Adal’ or justice as viewed by Late Justice Hamoodur Rehman (Ref: Reflection of Islam, p 144) is the exercise of ‘Alqada’, which according to Islamic concept, is the common concern of all Muslims as a ‘Fardh al-Kifaya’. Now come to a precise definition of justice vis-a-vis ‘Adal’ of Arabic etigmology.

The nomenclature ‘Justice’ (as used in western concept) as is generally known and understood, may be equated to the concept of ‘Adal’, ‘Qiest’, or ‘Mizan’ of Islamic teachings. Justice Hamoodur Rehman in his article titled, ‘The Concept of Justice in Islam’ has stated, justice in Islam is different from the concept of the remedial justice of the Greeks, the natural justice of the Romans or the formal justice of the Anglo-Saxons.

In Western philosophy, justice is said to be blind but in Islamic teachings the most proper word to be equated with justice is ‘Ihsaan’, ie justice means getting a square and fair deal, equality before law and sticking to the rules. On the other hand, Ihsaan may stand for good is done over and above requirements of pure justice.

Syed Abdul Majeed in his book (Saga of Islam, p 277) says, if a person hits you on your cheek, justice demands that you too may hit with the same force on his cheek. But Ihsaan demands that you may forgive the aggression in your love for your erring fellowmen. What it indicates is that repel ill with some sort of good.

Prophet Muhammad (Sall Allaho alaihe wasallam) after migration from Makkah, was admitted as chief justice of the city-state of Madina by all the tribes. Charter of Madina (or Mithaaq-e-Madina) was formulated and adopted between various clans of Madina. Dr Hamidullah has declared the character as the first written constitution of the world.

During this period, some important incidents apropos administration of justice took place, which occupy prominent place in the history books and are corner stone and cause of guidance for judicial dispensation.

Among other, a well-known event of larceny committed by a woman Fatima and admonition of the Holy Prophet (Sall Allaho alaihe wasallam) that if in case his own daughter Fatima had committed larceny, surely she had to face the same fate of an ordinary larcenist. As the Holy Qur’aan ordains judges to decide against themselves, their parents, relatives, friends, etc. (4:135). The Holy Prophet (Sall Allaho alaihe wasallam) practically did it.

In total contrast to medieval, Kings of England, where it was a proverb that ‘King cannot do a wrong’, much before this period, in the famous Last Sermon, it was said that if he owed anything to anyone or had misappropriated anyone’s property or had done any harm to anyone’s life or reputation, he was present there to pay his dues to whomsoever demanded it. The audience was amazed and out of the whole assembly there was only one person who claimed some dirhams, which were paid promptly.

Acknowledged by all the friends and foes that judiciary in the known human history, we first separated from the executive by the Muslims. Though up to the time of the first Caliph of Islam - Hadhrat Abu Bakr (Radhi Allaho anho) — the Caliph himself and his administrative officers acted as Judges.

However, the second Caliph of Islam — Hadhrat Umar bin Khattab (Radhi Allaho anho) — practically separated the judiciary from the executive. Apart from the Muslims historians, an English writer Von Hammer has said (Ref may be made to Amir Ali History of Saracen, p 62) that the Islamic administration, even in its infancy, proclaimed in words and in deeds the necessary separation between judicial and executive powers.

This statement of Von Hammer was not mere a theoretical one but can be espoused by a hallmark event of Hadhrat Umar’s reign, ie in a suit brought against a Jew by Hadhrat Umar bin Khattab (Radhi Allaho anho), both of them went to the Qazi. Seeing the Caliph, the Qazi rose in is seat out of deference. Hadhrat Umar considered that such an unpardonable weakness that he dismissed the Qazi at once. (Ref: Reflection of Islam, p 150 by Justice Hamoodur Rahman)

Justice Gul Muhammad Khan in his articles “The concept of Justice in Islam” has endorsed the views of Von Hammer by saying that Qazis appointed by Hadhrat Umar bin Khattab (Radhi Allaho anho) were free from the control of the governors.

History books are evident that legal proceedings against caliphs and governors were instituted in ordinary courts in a normal way, and disputes were settled strictly in the spirit prescribed by the Shari’ah.

Once on the occasion of Hajj, Hadhrat Umar bin Khattab (Radhi Allaho anho), the second Caliph, addressed a large gathering of plebeians in presence of all of his governors as (Ref: Abu Yousuf, Al-Kharaj p 65)): My governors are not appointed to strike you in your faces and grab your property. I rather send them to teach you your faith and acquaint you with your Prophet’s practice. If any governor deviates from this course, report to me. By Allah, I will see to it that he pays the price of it.

Following are some of the incidents that took place during the reign of Hadhrat Umar bin Khattab (Radhi Allaho anho).

Abdul Qadeer says (Ref: Criminal Law of Islam, vol 2, by Abdul Qadeer Qudh Shaheed). Once Umar got a horse on approval. But it died as he rode on it. The owner of the horse started wrangling with the caliph, whereupon he offered to appoint an arbitrator to settle the dispute. The owner of the horse named Shuraih to act as an arbitrator. Hadhrat Umar bin Khattab (Radhi Allaho anho) agreed, Shuraih said to the Caliph that as he received the horse in a perfectly good condition, it was incumbent upon him to return it unimpaired. Induced by the just decision of Shuraih, Hadhrat Umar bin Khattab (Radhi Allaho anho) appointed him Qazi.

The same author at another place of his book has quoted another incident, which is the well-known incident relating to Jiballah bin Acham. He was performing Tawaaf around the House of Allah - Holy Ka’aba. Perchance a villager set his foot on the fringe of his cloak. Enraged as he was, Jiballah slapped the poor fellow. The rustic complained of this to Caliph Umar, who ordered retaliation. A chieftain like Jiballah could not withstand the indignity he had to suffer by the hands of a rustic and flee to Rome where he converted to become a Christian.

Now, come to the reign of Hadhrat Ali bin Abi Talib (Radhi Allaho anho) [Ref: Reflection of Islam by Justice Hamoodur Rehman, p 151]. In a suit for the recovery of his armour from a Jew in the court of the Qazi of Kufa, he (Hadhrat Ali) appeared personally, but lost the case because the witnesses he had in support of his claim were his slave and his son, whose testimonies were not fit in this case to prove a claim.

During Hadhrat Ali’s rule, an important event also came in picture, ie (Ref: Criminal Law of Islam, vol 2, by Abdul Qadeer Qudh Shaheed) Mughira, the governor of Kufa, was accused of adultery. He was tried for the alleged offence according to normal judicial procedure. What it depicts that there was rule of law even at the primitive stage of Islamic history.

In the history of Islam, Umar the great was the first who introduced an institution called ‘Ifta’ or juris-consult. H S Bhattia in “Studies in Islamic Law, Religion & Society” in page 58 has narrated that Hadhrat Umar bin Khattab (Radhi Allaho anho) also set up the institution of juris-consult called ‘Ifta’ to advise the executive, assist the judges as well as the lay-public. This body constituted of capable Muftis, who could give legal opinions (fatwas). They were not only legal advisers of the state but also a body, which gave free legal aid to the lay-public, so that no one should suffer due to ignorance of law.