Contents

Chapter VII

Justice

One of the meanings of the term 'adl (justice) in Arabic is "equalisation." An instance of such usage is the following verse from Sura 6 (Al-An'am: 1) : "Yet those who reject Faith hold (others) as equals with their Guardian-Lord (bi-Rabbihim ya'dilun)." The Quran applies this term to refer to the mean between excess and dereliction or laxity in any matter. God repeats that He had created the world and all that is in it "justly" (bi'l-'adl). The term 'adl is used in alternation with its synonym qist (fairness), as in Sura 6 (Al-An'am: 115): "The Word of thy Lords does find fulfilment in truth and justice (Sidqan wa 'adl-an)," as contrasted to Sura 7 (Al-A'raf: 29): "Say: My Lord hath commanded justice (bi'l-qist)." At other times, the term "truth" (haq) is employed instead, as in Sura 44 (Al-Dukhan: 38-39): "And we created not the heavens, the earth and all between them in (idle) sport. We created them not except for just ends (bi'l-haq)," meaning in full justice in their structure and the laws which God had caused to inhere in them to preserve them: to preserve the heavens and its galaxies, stars and planets and to preserve the earth and all that is on it, including human beings, mountains, oceans, seas, rivers, plants, crops and trees.

Justice in the Quran is symbolised by the al-Mizan (balance or scales), which God tells us is the foundation of the whole universe. God informs us in Sura 55 (Al-Rahman: 7-9) that He has "set up the Balance (of justice). In order that ye may not transgress (due) balance. To establish weight with justice and fall not short in the balance." The "setting up of the balance" here denotes the fact of making justice the general law of the creation and of the whole universe. He also makes the scales a concomitant of all laws, affirming in Sura 42 (Al-Shura: 17) : "It is Allah Who has sent down the Book in truth and the Balance." The "book" here refers to divine revelations, as we read in Sura 57 (Al-Hadid: 25): "We have sent aforetime Our messengers with clear signs and sent down with them the Book and the Balance." God tells us here that He had sent the balance with the laws the Messengers brought to guide people to what assures their happiness in this life and the next, meaning he had combined these laws with justice without which man's worldly and religious existence cannot be sustained. Some interpreters said that the "balance" mentioned here denotes the actual (physical) scales, a view which was attacked by Imam al-Ghazali, who wrote: "Do you think that the scales conjoined with the book is the one used to weigh wheat and barley or gold and sliver? Or do you believe it is tayyar and qabban (two types of scales)? This is far fetched indeed, and a great falsehood! So fear God and do not do violence to the terms, but know for certain that the balance in question is that of knowing God, His angels, His revelations, His messengers and His Kingdom and Power, so that you may learn how to apply these scales from His prophets." Al-Ghazali does not here mean knowledge as such, but its fruit, which is justice in all matters. And this can only be attained by the Muslim after thorough knowledge of all religious injunctions and prohibitions, after which he would conduct himself only according to justice, guided by the light of the True Religion.

God says in the above verse of Sura 55 (Al-Rahman): "that ye may not transgress (due) balance," meaning do not overstep the bounds and defeat the purpose of divine of justice. "And establish weight with justice," meaning establish weights on the decreed pattern of justice in measures when buying or selling. God repeats the exhortation to men in the Quran to give full measure and full weight, that the seller may deliver what is due from him without omission, and that the buyer might receive what is due to him without surplus, as the Almighty has said in Sura 6 (Al-An'am: 152): "give measure and weigh with (full ) justice." God concludes the verses referred to above from Sura 55 (Al-Rahman) by the exhortation: "and fall not short in the balance." Some interpreters say that the "scales" referred to here are the ordinary scales in everyday use. Others say it refers to justice, as the first verse we have looked at ("He has set up the Balance (of Justice)") suggests, since the reference in that context is to justice. On this understanding, the verses warn against laxity in observing justice which God wants the Muslims to adhere to in all firmness. Other interpreters hold that the reference is to the scales of justice on the Day of Judgement, on which the works of people, good and bad, will be weighed justly, without reduction or injustice. God -glory be to Him- affirms in Sura 21 (Al-Anbiya': 47): "We shall set up scales of justice for the Day of Judgement, so that not a soul will be dealt with unjustly in the least, and if there be (no more than) a weight of mustard seed, We will bring it to account." In this latter verse, the scales symbolise justice in recompense in the hereafter. The mention of the scales in all the above verses encourages a Muslim to seek justice in all his transactions, for justice is indispensable in the lives of nations and peoples.

In Sura 16 (Al-Nahl: 90) God issues a generalised injunction for the adherence to justice. The first duty of a Muslim in this regard is to be just towards himself. He must not expose himself to destruction or perdition, but must protect his person from illnesses, or else he would be unjust towards himself. He must also be fair with God, recognising Him as the only True God, and believing in his law (the Shari'a), fulfilling the religious obligations towards Him, following the injunctions of Shari'a and desisting from what it prohibits. He must also be fair with his family, fulfilling the demands and rights of his wife and, if he was married to more than one wife, to treat all of them fairly and equally in matters of housing, clothing, co-habitation and kindness. God mentions in Sura 4 (Al-Nisa': 3) after granting men permission to marry more than one wife: "But if ye fear that ye shall not be able to deal justly (with them), then only one." Judge Abd Al-Aziz Fahmy, head of the Appeals Court in Egypt in 1935, if I remember right, wrote a paper in which he alleges that this verse prohibits marriage to more than one wife, since it was impossible -in his view- for a man married to more than one wife to be fair to all of them. In any case, this verse makes it obligatory on any man married to more than one wife to be fair to all.

A man must also be equally fair to his children, treating them equally in all his dealings: in the presents he gives them on their birthdays and the like, in inheritance, where he should not discriminate between them or when presenting some with his possessions and estates and in all other matters. It is reported in the two authoritative hadith compendia (sahih’s) of Al-Bukhari and Muslim that Al-Nu'man ibn Bashir said: "My father gave me a generous gift once, so my mother said to him: 'I will not approve of this gift until the Prophet -peace be upon him- witnesses it.' So he went to ask the Prophet to witness his gift. The Prophet asked: 'Have you given all your other children a similar gift ?' [My father] said: 'No.' The Prophet -peace be upon him- then said: 'Fear God and be fair among your children.' And he added: 'I will not witness an injustice.' So my father returned and withdrew that gift." It is true that favouring some children over others creates endless problems between the children, in addition to creating friction with parents.

The Muslim is also required to be fair to his relatives and neighbours, and with all people. For justice is a central pillar of Islam, and it is the Muslim's duty to stick to it in all that he does, or says. The Almighty Lord says in Sura 6 (Al-An’am: 152: "Whenever ye speak, speak justly, even if a relative is concerned." A Muslim is thus required to make justice and fairness his guide in all that he says. If he were to praise someone, he should praise him only according to the truth, without exaggeration; if he was asked for advice, he should give fair and truthful advice; if he were to mediate between two disputing parties, he should be fair between them; if he was selling goods, he is required to describe his merchandise accurately and truthfully, not exaggerating the price he has paid for it, nor claiming falsely that he had been offered a higher price, but declined. He should also not say untruthful things to please his relatives. And just as God has decreed fairness with near ones, he also enjoined it with enemies, as when He commands in Sura 5 (Al-Ma'ida: 8): "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." This is a demand that Muslims should adhere to justice, whether with friend or foe.

In order to make the Islamic community (Ummah) love justice, and to adhere to it in all that they say or do, God told the Muslims that: "Thus We have made of you an Ummah justly balanced (ummat-an wasat-an)" (Al-Baqarah: 143). The description ummat-an wasat-an (a community of the middle way) signifies that all its members are fair, adhering to the just mean in everything, so that they do not go to excess or lapse into omission or negligence in their words or actions. It is as if this was a covenant established by God with the Muslims to adhere to justice in everything. We thus find God enjoining on the Muslims in Sura 25 (Al-Furqan: 67) to economise in their expenditure without being mean: "Those who, when they spend, are not extravagant and not niggardly, but hold a just (balance) between those (extremes)." The expenditure referred to here is the general expenditure on housing, food, etc. Extravagance is where one spends more than is normally necessary, while niggardliness is to spend less than is necessary. This theme is again elaborated in Sura 17 (Al-Isra: 29): "Make not thy hand tied (like a niggard’s) to thy neck, nor stretch it forth to its utmost reach, so that thou become blameworthy and destitute." The metaphor of the hand tied to one's neck signifies the inability to use it or benefit by it, and is thus a counsel against excessive miserliness. Extending the hand to the limit is a metaphor for immoderation. Thus Muslims are enjoined against both parsimony and immoderation or over-indulgence, but to adhere to the mean between these two extremes. God tells us that He is counselling the Muslims against these two types of excess so that they would not blame themselves or be blamed by others for detestable stinginess, nor regret the loss of their wealth due to wastefulness.

Even though God -exalted be His name- urges the rich repeatedly to spend from their money on needy relatives and on the poor and the wayfarers, He also gently enjoins the generous rich not to be immoderate in their generosity, saying in Sura 17 (Al-Isra’: 26): "And render to the kindred their due rights, and (also) to those in want, and to the wayfarer: but squander not (your wealth)." The rights referred to are those in zakah and alms. God has decreed a right for needy relatives, so as to strengthen family bonds, and for the needy, to emphasise the value of coming to the aid of one's brother in the faith in time of need. The wayfarer is also accorded a right, since he is usually a stranger in need of food, and also of lodgings at night to protect him from thieves or beasts. God instructs whoever allocates some of his money to these categories not to go to excess or wastefulness, so that the spender would have enough left from his wealth to satisfy his own need. Similarly, God says in Sura 6 (Al-An’am: 141): "It is He who produceth gardens, with trellises or without, and dates, and tilth with produce of all kinds, and olives and pomegranates, similar (in kind) and different (in variety): eat of their fruit in their season, but render the dues that are proper on the day that harvest is gathered. But waste not by excess."

And just as God enjoins Muslims to spend in moderation, so the Prophet -peace be upon him- counselled moderation in matters of worship and devotion to God, repeatedly warning against excess in worship. His advice to those who take a hardline stance in matters of religion and want to be too hard on themselves, is to say: "This religion is solid, so proceed into it gently." He likened extremists in matters of worship to a reckless traveller who drives his camel too hard, causing it to die, and thus losing his ride without getting anywhere. He was once informed that Abdullahi ibn Amr ibn al-As used to fast constantly and pray all night long. So he told him when they met: "O Abdullahi, I have been informed that you fast (all) days and pray all night." Abdullahi replied: "Yes." The Prophet then said: "Your body has a right over you, your wife has a right over you and your visitors have a right over you. It is enough for you to fast three days in every month, since [the rewards for] a good deed is tenfold. Thus fasting three days is equivalent to fasting the whole month." Ayisha, the Prophet's wife, reports that the Prophet -peace be upon him- entered her chambers once and found a woman with her, so he asked: "Who is this woman?" She told him: "This is so and so (giving her name)," and described to him how she prays constantly. The Prophet said: "Stop this, stick to what you can do." It is clear that he had admonished Ayisha when she praised the lady for her devotion to prayer, as if he was telling them to keep to the acts of worship which they can sustain, since a little worship that is constantly maintained is preferable to a great deal of it which a person could not keep up.

Another area in which God and His Prophet enjoin the adherence to justice is that of resolving disputes. God -exalted be His Power- says in Sura 3 (Al-Nisa: 58) : "Allah doth command you to render back your Trusts to those to whom they are due; and when ye judge between men, that ye judge with justice." Thus the Muslims are enjoined to return whatever possessions they have been entrusted with, without taking anything out of them or denying having received them, since such acts would deserve severe punishment. They are also instructed, when they sit in judgement between people, to base their rulings on justice. It is recognised that a judge is to refer to the sources of Islamic Shari'a when making his judgement, starting with the Holy Quran. If he could not find sufficient grounds there for a ruling, then he should refer to sunna. If no inspiration is found there, then he is to refer to the consensus of the Muslim community (ijma'), as the Prophet -peace be upon him- has said: "My community will never agree on an error." If he could not find a guiding precedent or principle in ijma', then he should apply his own judgement on the basis of the general principles laid down in the Quran and sunna. We have already mentioned ijtihad (independent judgement) and how the Prophet -peace be upon him- has accepted it as a main source and principle of religion. His two immediate successors, Abu Bakr al-Siddiq and Omar ibn Al-Khattab, resorted to ijtihad in resolving problems that has arisen in their time. In succeeding generations, judges resorted to ijtihad constantly to resolve cases where no explicit ruling was found to cover them in Quran or sunna, nor was there a precedent of ijma' to guide them to the correct judgement. They would then apply their own judgement, in the light of Quran and sunna, to resolve the matter in question. The Prophet -peace be upon him- repeatedly commends just rulers and judges. Among his sayings in this regard is the following: "Those who adhere to justice in ruling between Muslims [would be established] on rostrums of light on the day of judgement."

As God instructs rulers and judges to pursue justice in ruling between claimants, the same injunction is given to witnesses. God says in another verse in Sura 4 (Al-Nisa: 135): "O ye who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, 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." God commands from Muslim in this verse to stand up for justice and to bear (true) witness for the sake of God, even if such testimony were damaging to themselves. For it is their duty to reveal the truth, no matter how hard it may be on them or damaging to their interests. They must also speak the truth, even if this were to be harmful to one's parents or relatives. Islam thus abolishes prejudice in favour of oneself, parents or relatives, and decrees that the Muslim's loyalty is to truth and justice above all. God says that it should not matter whether the relative or parent in question was rich or poor, and this must be no reason why testimony should be withheld or falsified, either in deference to a rich person or out of sympathy for a poor one, since God is well aware of their condition, and knows what is best for them. One is thus advised to stick to justice and not follow his own natural inclinations, like loyalty to parents or relations. God then warns those who either falsify, hide or withhold testimony that God is well aware of their actions. This injunction is repeated in Sura 2 (Al-Baqarah: 283): "Conceal not evidence; for whoever conceals it- his heart is tainted with sin."

The Caliph Omar ibn al-Khattab has written an important epistle on the judiciary, detailing the principles that should govern the conduct of judges when dealing with people and litigants, and the rules to which he is to adhere when making a judgement. At the beginning of his epistle, Omar writes: "And know that the judicial function is a clear obligation and a path that had been trodden." This is an affirmation that this function had been ordained by religion and legislated for the good of the community, to resolve disputes that might arise between its members. Omar adds, addressing the judge: "So do [try to fully] understand when you are presented with a case." This is an exhortation to the judge to listen carefully to the arguments of the litigants, so that he may comprehend the points made and find the truth after careful consideration. The epistle goes to instruct the judge to: "treat people equally in [the way you seat them in] your court and in [the looks of] your face, so that no distinguished personage would expect injustice from you [in his favour], neither a weak person fear your unfairness [against him]." This is a counsel for the judge to handle the seating in his court and even his facial gestures so that no one could be justified in suspecting bias in his manners, either from a noble personage who could hope that his status would bring him preference over his poorer adversary, or from a weaker party who may fear that he would suffer injustice because of his lowly status.

Omar then lays down two basic rules to which the judge must adhere strictly when dealing with litigants appearing before him: "The burden of evidence is on the plaintiff, while the respondent who denies such claims must be prepared to swear an oath." The plaintiff who brings forth a suit must present sufficient evidence and witnesses to support his case. If he was unable to do so, and the respondent continued to deny the claim, then the judge must ask the respondent to back his denial by affirming on oath that he was saying the whole truth and hiding nothing. If the litigants agree between themselves on a reconciliation deal, Omar, instructs the judge to endorse such a deal, unless the deal is itself illegal, in that it permits what is prohibited, or prohibits what is permitted. Omar also opens the doors widely for the judge to revise his rulings if he were to realise later that there had been an error in judgement. He must then announce this to the litigants and adopt the correct ruling, since to revert to what is just and right is better than to persist in upholding an error.

Omar also puts before the judge the main sources on which he is to rely in his judgement and use as a reference, these being the Quran and the sunna. If he could not find in them what could guide him to the correct judgement, then he is to use his own judgement, referring to similar cases in the Shari'a. Omar also instructs the judge to grant the plaintiff an adjournment if he were to request it to enable him to call his witnesses. If he was able to produce his witnesses in time, and they managed to support his case with reliable testimony, then his claim should be upheld. If not, then he loses his case and it should be dropped. Omar also states here a cardinal rule: that all Muslims are regarded as equally reliable witnesses, and that their testimony has to be accepted, except for someone who has been convicted and punished for a crime for which the punishment is flogging. False testimony must be rejected, as well the testimony of a relative of the person involved, since he is likely to be biased in favour of his relative. The plaintiff must not call as a witness a relative of his, to remove the suspicion of likely bias. Omar, finally, instructs the judge not to insult litigants or turn his face away from one of them, but he must be equally kind to all. This epistle of Omar’s on the conduct of justice is an important document from the early Islamic period, indicating how the judiciary in Islam has been founded on firm principles of justice and fairness.

The question of relations between the rich and poor has, since ancient times, occupied the minds of many and prompted a constant search for an appropriate solution for it. With the advent of Islam, God -exalted be His name- offered a definitive solution for it, acceptable to both rich and poor, so that no one in the Muslim community may go hungry. This solution is the imposition of zakah on the rich and the repeated calls in the Quran for the rich to give alms, which God has honoured by describing as a loan to Him, saying in Sura 57 (Al-Hadid: 11): "Who is he that will loan to Allah a beautiful loan? For (Allah) will increase it manifold to his credit." Thus God did not consider the alms paid by the rich to the poor as merely a gesture of conceding some of their wealth to the poor, but it is also a loan to Him. The dispenser of charity is thus actually offering what he hands to his poorer brethren as a loan to his Lord.

With zakah, social justice ceased to be a utopian dream and turned into a reality, as a "recognised right" for the poor was decreed, to be collected from the better-off. It is as if the poor became partners to the rich in their wealth, to be paid annually, or at other intervals, their share from zakah. And this is not charity or a hand-out, but a right, as the Quran affirms, guaranteed to the poor and must be given by the wealthy. This protects the poor from the condescension of the rich and frees them from their whims, to say nothing of the humiliation associated with receiving hand-outs. It also makes the rich feel a bond of brotherhood with the poor, helping the needy among them and coming to the rescue of the distressed, offering food, even though they may crave it themselves, to the poor and disadvantaged in preference to themselves.

This scheme for the implementation of social justice has been elevated in Islam to the status of one of its central pillars, considered at par with prayer, with which God Almighty always associates it in the Quran. When some of the Arab tribes reneged on this obligation following the death of the Prophet, his successor, Caliph Abu Bakr, did not hesitate in waging war on them, forcing them to revert to adherence to Islam and its pillars. This was a great achievement of Abu Bakr's, which has been remembered throughout the ages. Never since has any group rebelled against this great pillar of the Islamic faith, since they have discovered that it was a hedge against rebellion by the poor of the umma, who may turn their anger and frustration against the rich and their monopoly of wealth. The rich of the umma have, from very early on, been generous with their works of charity, and some of them even set aside some of their real estate as waqf (endowment) the proceeds of which going to specified acts of charity. On account of this, the Muslim world is today unique in boasting specialised ministries charged with administering these vast waqfs and distributing their proceeds towards appropriate charitable avenues.

God and His Prophet have established this system of social justice in the Muslim community on the basis of the prevalence of love, compassion and cooperation among members of the community, with the rich supplying the poor with their daily bread. This satisfied the poor classes in our lands throughout the Islamic ages. If we compare this divine justice to what was intended by the leaders of Communism in achieving justice between rich and poor, we find that divine justice respects the freedom of man to run his life and dispose of his wealth. A person's wealth remains his own property, but he is required to concede some of it each year as zakah for his poorer brethren, voluntarily and with real desire to please God and to merit his bountiful rewards which He had allocated from those who spend of their money on the poor. These rewards have been promised in verses such as the following: "The parable of those who spend of their substance in the way of Allah is that of a grain of corn: it groweth seven ears, and each ear hath a hundred grains. Allah gives manifold increase to whom he pleaseth: and Allah careth for all and He knoweth all things" (Al-Baqarah: 261). This is a promise to those who spend their money to please God, waging war on His enemies and maintaining peace with their brothers, of great rewards, equivalent to up to seven hundred fold. Who, among the Muslims, would listen to this astounding divine promise of generosity and not offer his zakah and alms willingly and happily in anticipation of God's rewards in this world and the next and in pursuit of His pleasure?

This is a fundamental difference between the Islamic conception of social justice and that for which Russian Communism has worked for seventy years or more, and which bore within it from the beginning the germ of its failure. This has been so for many reasons, one of which is that it was based on oppression and coercion, the deprivation of man of his freedom and wealth, in addition to his subjection to constant surveillance in all his conduct and all his material and intellectual production. This causes man to lose all the blessings God has bestowed on him in his life, and succumb to excessive materialism and rebellious atheism against God and his heavenly religions in general.

Each of these causes, and in particular the loss of human freedom, was sufficient, on its own, to bring about the collapse of the communist system of social justice from its very early development. But more important is the loss of religion and the categorical denial of its truth. For it is incontrovertible that man does need to believe in his God Who controls his affairs, guides him to the path of righteousness, keeps him away from evil and mortal sins and guarantees for him a good and contented life. Islamic social justice does not involve any of the destructive defects of Communism: there is no coercion or domination of the human will in this system; on the contrary, man’s freedom is protected to its utmost limit, whether in the intellectual sphere or in personal and economic affairs and the conduct of life in general. In the Islamic system of social justice, man is not denied the fruits of his efforts, nor is he denied the opportunity to excel and distinguish himself in any field, nor is his capital and possessions threatened. More important than all the preceding, the Islamic system of social justice is a divine system, prescribed by the Regulator of the universe and by His Messenger. It is, for this reason, a sound and judicious system, embodied in the Islamic Shari’a and the Islamic faith, being considered, as mentioned before, tantamount to an act of worship, equal in status with prayer, fasting and pilgrimage. And it is an act of worship that fills the hearts of Muslims with satisfaction, security and contentment.

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