Friday, September 4, 2009

Justice and Being Justly Balanced

It is necessary to understand one basic principle about Justice.

According to the common concept of justice in the world, the duty of a law-court is to decide the disputed affairs according to the code of law that is prevalent; therefore a decision made accordingly shall be considered as based on justice. But, if the law itself is not based on justice, then the decision based on it can never be considered just.

The principle laid down by the Quran is that the law of the land should also be based on justice. In this respect the Quran does not indulge in a philosophical debate as to what is meant by "law on the basis of justice" and what is the definition of justice. It addresses the Islamic sovereign state decisively as follows:

"If any do fail to judge by what Allah Almighty has revealed, they are the infidels."
(Quran, 5:44)

It means that where the rule is based on Quranic Laws, it shall be Islamic and if it is not based on Quranic Law, it shall be disputable, a game by the non-believers. Only that law shall be considered as based on truth which conforms to the Book of Allah (the Quran); any law contrary to it shall be based on 'zulm' (injustice). Thus the judges are addressed as follows:
"They guide people towards the Truth (the Quran), and dispense justice in accordance with what it dictates." (Quran, 7:158)

The real justice, in fact, is the justice based on Truth. If the law is not based on Truth, then any judgement according to this law cannot be considered as meeting the requirements of justice. Truth is, in fact, another name for the Book of Allah. The same is the difference between an Islamic state and a secular state.

In Surah 'Saad' it is said:
"O David! We did indeed gave you the rule on the earth, so decide between men in truth, and do not follow the lust of their hearts, for they will mislead you from the path of Allah." (Quran, 38:26)

This makes clear two issues:
firstly that the law of the land ought to be based on Truth (the Book of Allah, the Quran);
secondly, that the court of law should remain above its personal sentiments that is it should remain neutral. That is what is called 'a just decision'.

For a system of justice the Quran has ordained:
"And when you decide between man and man, you must do so with justice."
(Quran, 4:58)

Even when you make peace between parties, do so with justice. In Surah Al-Hujuraat it is ordained that if two factions of Muslims develop a dispute (and wage war against each other)
"Sort out their mutual conflict with justice". (Quran, 49:9)

Even enmity with a nation should not incline you to act unjustly.

"Let not the enmity of others make you swerve from justice; be just, that is only nearer to (Taqwa) piety." (Quran, 5:8)

Not only the cases of Muslims, but the cases of non-Muslims also should be decided with justice. Rasulullah SAW was ordained:
"Even if the non-Muslims come to you for the judgement of their cases: "Judge between them with equity". (Quran, 5:42)

Rasulullah SAW was told:
"We have sent this Book to you with the truth": "So judge between them as Allah Almighty has revealed and follow not their vain desires." (Quran, 5:48)

Al-Kitab (The code of Divine Laws, the Quran), power to enforce this code and scales of justice are the basic ingredients of an Islamic government. The various aspects of the subject are thoroughly discussed in Surah Al-Hadeed:
"For this purpose Allah Almighty has so arranged that He sends His Messengers to different people (nations) with clear, unambiguous arguments and each one of the messengers brings with him a code of law. He establishes an Order in accordance with this Code wherein every-body's deeds produce their designated results and thus people adhere to the rule of justice and equity”. (Quran, 57:25)

From Abu Hurairah (radhiyallahu ‘anhu) who said that Allah’s Messenger, Muhammad pbuh said:
“Love the one whom you love to a certain degree (moderately), perhaps one day he will be someone for whom you have hatred, and hate the one for whom you have hatred to a certain degree (moderately), perhaps one day he will be one whom you love”
(hadis reported by at Tirmizi)

The Muslim is justly balanced in his loving and hating. He is just both when giving and when taking and is moderate in all of that. His being justly balanced is one of the signs of his Religion (Islam) and the Syariah. He is not one who goes beyond the limits, nor one who falls short of what is required. Furthermore the Muslim does not derive this quality of being justly balanced from his intellect and desires, nor from his own opinion or other than this, rather he takes it from the Book of Allah (the One free of all imperfections (i.e. the Quran):

“Thus We have made you a justly balanced nation, that you be witnesses over mankind and the Messenger, Muhammad pbuh be a witness over you”
(Quran, 2:143, please see above top)

Being justly balanced is not an easy matter, indeed many of those who call out and declare it, desire only to water matters down and compromise. So for a person to be truly justly balanced as ordered by Allah SWT is not easy, rather it requires Striving Against One’s Desires.

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