Establishing the Justice

(The First 6 Pages Urdu Article 'Establishing the Justice already on the Blog)

A prominent Muslim theologian Al-Jurjani observed that the term Adl (Justice) means a moderate state of matter between two extremes. Al-Ma’wardi, another great theologian and political philosopher of Islamic history, has defined the term Adl as follows:

“Adl (Justice), in its perfect shape, is the value that helps in reforming the worldly matters, which induces to breed the feelings of harmony and companionship, encourages to be obedient, motivates to build towns, causes the growth of wealth, creates the healthy atmosphere in which generations are brought up and brings peace for authorities.”

When the value of justice is effaced and opposite traits like despotism, tyranny and injustice become the fashion, very swiftly every thing in the land turns to ruin and consciences of the people are corrupted. Because the evil trait of cruelty have no limits, so it does not stop until every corner is filled with corruption and mischief.” (Adab Addunya Waddin)

Generally the world ‘justice’ is used to give the meanings of the term ‘Adl’ but actually it is a multi dimensional term. In its wide sense Adl means to protect the wronged and oppressed people from coercive trends in the society, as well as from the callous power of the influential classes. Adl also means to act justly and not to take side of any of the two or more adversaries without the corroboration of the reason and evidence. Keeping balance in views, opinions, expressions and behaviors is part of the quality termed Adl. To regard others as equals; not to deviate from the right path in rules, customs and habits; to avoid going to any extreme leaving moderate policy in personal and collective matters; to adjust and regulate things, not letting them slip beyond the limits are all forms of Adl.

Islam teaches equality of all men. No discrimination is allowed in a family unit amongst the wives in case there are more than one, the children at home, disputing parties in the court room, staff members in the offices and institutions, students in the class room, the passengers in the trains, buses and airplanes. Justice is not always done on the basis of equality. Some other factors are necessary to keep in sight. Instead of the ‘fifty-fifty basis’ equality, Islam lays emphasis on provision on the grounds of the qualities and needs of the people. In a welfare state, if one family consists of six members and the other has only two, the authorities are bound to enable the large family to meet the necessities as the small family is able to do adequately.

The permission to have more than one wife is given on condition that the man treats and deals with all the wives equally. It is up to the husband’s sense of honesty and conscience to make sure whether he could deal justly with all his wives or not. If not, then he is not justified by the Islamic values in marrying more than one wife. It is unlawful in Islam to make unfavorable treatment with some of the children on the grounds of gender. The need of the children for love and affection of the parents is in no way different. It is also the duty of the parents to arrange the proper food and clothing for all the children in accordance with their age, classes and activities. Education is the right of all the daughters and sons according to their capabilities and interests.

Islam has firmly resolved to establish justice (Adl) as the foundation stone of the Muslim state and society. The Quran and the traditions reported from the Messenger of Allah, be peace and blessings upon him, place extra ordinary stress on Adl. According to Islamic teachings even a Muslim state has no right to exist for a long time without practicing the value of Adl (Justice). Muslim theologians say that if the rule of Kufr (Non-believers) provides justice to its citizens, it may survive but they do not approve of a Muslim state to stay for a long time if it fails to deliver justice to its people.

Ibn Taimya viewed that ‘ it is an indisputable fact known by the people that result of injustice is always an untoward consequences and the fruit of justice is always happy and sweet. This is why it is said: ‘Allah helps the state which is based on the grounds of justice even if it is non-Muslim. But a Muslim state standing on the pillars of tyranny and cruelty is not helped by Allah.’ (Al-Hasbah)

It is only Islam which has assured justice to be provided on the spot and at the door. The western countries proclaim to have established the rule of law. But in many ways the law is manipulated by the legal experts, the law enforcement agencies and even the law makers themselves. There are many powerful elements that successfully use wicked tricks to cripple the justice. Our Holy Prophet, be peace and blessings of Allah upon him, in a case of theft presaged the same unpalatable truth by saying:

“There were the people, before you, who were ruined only because they had a double standard of justice. When someone of rich and influential class committed the crime, he used to be left unpunished because of his influence in the society while if any of the lower class was caught for theft he used to be punished by having his hands cut off. By Allah, Who keeps Muhammad’s life in His hand, if my daughter Fatimah had committed theft I would have ordered her hands be cut off.” (Bukhari and Muslim)

In the Islamic justice system there is no room to discover any ‘Guantanamo’ and create the secret prisons to hide the scenes of the trampling of the values of justice. It happens in the ‘rule of law’ that lives end in waiting for verdicts from the courts of law whether the accused is really an offender or in fact innocent. Islam has given the doctrine of ‘rule of justice’. It has left no room for the manipulation of justice if the formation of the state and society is on the principle of Islam. It condemns delay in justice by prolonged judicial proceedings and declares its delay as synonymous with denial of the delivery of justice. No feelings of hatred and prejudice should block the way in dealing justly in the matters of local, national and international nature.

Sayyed Qutub has rightly commented that justice neither deviates from its path with temptations and desires, nor is affected by influence of the foes and friends. It does not change its proper direction under pressure of social relationships. Not any of the rich or the poor and the powerful or the powerless classes of the societies becomes the reason to distort justice for their purpose. It takes its own course to judge the matters. It measures all with the same stick and weighs with the same balance. (Fi Dhilalil Quran volume IV)

Adl (Justice) is not a temporary matter to be established in some cases and suspended in some others. As long as the earth and heavens are being held in their positions with Adl and all the other planets are floating in space with their undisturbed balance the value of Adl (Justice) is to remain in force. We can’t slink away to save ourselves from being affected by fair implementation of justice. The Quran says:
“O 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-Maidah: 8)

In Surah An-Nisa the same commandment has come in the same spirit in different words:
“Verily! Allah commands that you should render back the trusts to those whom they are due, and that when you judge between men, you judge with justice. Verily, how excellent is the teaching which He gives you! Allah is All- Hearing, All-Seeing.”

Favors or disfavors and expediencies or interests of the people become major reasons to hide testimony. If the witness evades testifying in the court and the judge is biased then the doors of justice are closed. Islam has made concealing of the testimony one of the major sins. In the Quran we come across the strict commandment by Allah which says:
“O you believe! Stand out firmly for justice, as witness 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 the lusts (of your hearts), lest you avoid justice, and if you distort your witness or refuse to give it, verily, Allah is Ever Well- Acquainted with what you do.” (An-Nisa: 135)

The Messenger of Allah, SAW, is reported to have said:
“When you give decision, give with justice, when you put anyone to death, show to be indulgent. Allah Himself is Benevolent. He likes those who are kind and good doers.” (At-Tabrani)

According to the teachings of the Prophet Muhammad, be peace and blessings upon him, in the court the judge is supposed to address the disputing parties with the same tone and sound and to give them equal place in the court room. No smack of favoritism by the rulers or the judge should be felt in any case. The judge should strictly refrain from passing any remarks or making any gesture to show a soft corner or otherwise for any of the parties to the case being heard by him. (Bukhari, Nisai, Tabrani)

Adl (Justice) is delivered by the decisions in the court as well as while talking about the matters in office and at home. Sometimes not only the judges or the rulers but we too, as common men, render by silence our undue support to those who clearly show their high-handedness in speech and action and help the trend of transgression. The Quran says:
“And whenever you speak, speak justly…” (Al-An’am: 152)

It has been said by the Prophet, be peace and blessings upon him, in a detailed Hadith that on the Day of Judgment seven types of people will be given shelter in the Shadow, while there will be no shadow other than that provided by Allah. Among these seven groups one will be the group of the rulers who had delivered justice to their subjects. (Agreed upon)

Utmost attempt has been made to explain the all aspects of Adl (Justice) comprehensively because of its importance for individual and society and the state alike. Abandoning the tradition of justice has resulted in adverse political, financial and legal conditions developing constantly in the Muslim countries leave alone the world not believing in Islam as religion. We have proven ourselves not to be deserving of the blessings of Allah by going against the very first demand…Adl…of the Quran as in the verses, referred above. The western countries, in spite of many drawbacks in their justice system, are to some extent successful to put justice in motion and accountability in action at least for their citizens if not for the whole mankind.