Thursday, September 16, 2004

What Does Islam Teach About Justice?

Neither love nor hatred can be allowed to compromise justice.

By Khalid Baig
4 Rajab 1422, 22 September 2001


In other words you cannot do injustice even when you are dealing with the enemy. The natural, uneducated, and uncivilized tendency is to treat the enemy as less than a human being; one who has no rights and deserves no justice or fairness. It was as true in the pre-Islamic tribal jahilya (based on ignorance) society as it is today. See how Islam directly curbs it. It is a command to the believers, with a reminder that Allah is watching you, that enmity of others cannot be used as an excuse for committing injustices against them.

Justice does require retribution and Islam does call for, "an eye for an eye." But it does not mean an innocent eye for an innocent eye; it means the eye of the perpetrator for the eye of the victim. It is amazing how those who call the latter as barbaric, actually rally for the former when a real crisis develops.

Fourteen hundred years ago these commands created a society where rich and poor, friend and foe, Muslim and non-Muslim, the ruler and the ruled, were all treated equally and all of them could count on receiving justice. The qazis (judges) were independent and no one, including the khalifah was above the law. If a dispute arose between the Khalifah and an ordinary person, both had to appear in court and provide their evidence. Islamic history is full of stories of this justice that filled the earth wherever Muslims ruled in their golden era.

Even during their period of decline, we find sporadic incidents that are just unparalleled. One example from recent history may suffice here. During the British Rule in India, once a dispute arose between Hindus and Muslims over a piece of land. Hindus claimed it belonged to a temple while Muslims claimed it to be mosque. Emotions were high on both sides and the possibility of a riot was real. The English judge could not find any means of ascertaining the truth. It was one group's words against the other's. Finally the Judge asked both groups if they could trust the testimony of any person. They could. It was a particular Muslim imam (religious leader) who was known for his piety. The person was requested to come to the court as a witness in a very charged atmosphere, with the entire community urging him to help them win the case through his testimony. His testimony was brief. "The Hindus are right," he said. "The Muslim case is baseless." He had not betrayed the community. He had once more affirmed its unflinching commitment to truth and justice above all else.

That is the justice the world needs today.

"Allah doth command you to render back your Trusts to those to whom they are due; and when ye judge between man and man, that ye judge with justice: verily how excellent is the teaching which He gives you! For Allah is He Who hears and sees all things." [An-Nisa 4:58]

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