Posts tagged: DrMuhammadsalim

1.INTRODUCTION

The belief in the Unity (Tawhid) and Sovereignty of Allah (Glory be to Him, the Exalted) is the very starting-point of the Islamic basic philosophy relating to justice. The basic principle of Islam is that believers must, individually and collectively, surrender all rights of overlordship, legislation and exercising of authority over others. No one should be allowed to pass orders or make commands on one’s own right and no one ought to accept the obligation to carry out such commands and obey such orders. None is entitled to make laws on one’s own authority and none is obliged to abide by them. In fact, man is Allah’s vicegerent on the planet earth, therefore one should remain within the limits fixed by Allah Almighty and conveyed to human beings through His Prophets (Peace be upon them).  

Man is a social being, therefore, a social set up is an inherent urge and a basic requirement for human beings living in this world. In the history of man, people have been living together in groups and communities from the very beginning. In this regard, the Guidance of Allah (may He be Praised and Exalted) should always be kept in mind that in addition to use of intellect and the experience gained in this regard. Every person in this world depends on others to fulfil one’s needs and requirements. Every single person has an important role to play in the society and society fulfil the needs and requirement of each individual.

Allah Almighty has blessed people with varying levels of abilities, intelligence, behaviours, protentional, strengths and a number of other qualities and inclinations as well as with varying means and resources. It is because of this variation that a community or society comes into being and works on sound basis.  In the society, people adopt different professions: Some adopt agriculture; other prefer to become medical doctors or engineers; some become businessmen; some prefer to become politicians, some become religious scholars, and other prefer to join army.

In every profession, diverse interactions emerge in one way or the other, and some interactions are simple and others are complicated. Every interaction imposes on every person some duties towards others. For example, in a family, which is the simplest unit in a society, there are a number of duties of every individual towards others. In this connection we can have some idea of these duties in the light of the Qur’an and the traditions of the Prophet Muhammad (may the peace and blessings of Allah be upon him). In Islam, the duties of every person in a family toward others have been described very clearly: duties of husband towards wife and duties of wife towards husband; duties of parents towards children and duties of children towards parents; duties of elder brother towards younger brothers and sisters and their duties towards elder brother, etc. If every person performs one prescribed duty towards others properly. It means one is doing justice with all the members of the family in an excellent way. Likewise, there are interaction of one family with many other families based on a number of other relations, such as near relatives, distant relatives, neighbours, and friends. Other basis of interaction include profession, language, class, game, hobby, junior and senior, teacher and student, owner and tenant, etc.

All interactions can be categorized into three main categories: positive (beneficial), neutral (useless), and negative (harmful). Positive interaction is beneficial at all levels starting from individuals, families, communities, nations and at global level as well, and negative interaction causes deterioration at every level. If the proportion of positive interaction is comparatively higher the good relation will continue and vice versa. No society can make progress in this world without positive interactions and relations. Positive interaction leads toward justice and negative results into injustice.

Before proceeding further, we intend to give some idea about the complexity of interactions in the world. Even within one profession there are large number of interactions and these interactions are of very complex. In this connection we intend to give some idea about the complexity of interactions in agriculture profession. It consists of large number of components: crops, gardens, ornamental plants, medicinal plants, vegetables, live-stock, poultry farming, fishery, bee keeping, sericulture, agroforestry, etc. It is not feasible here to discuss all components of agriculture and we will restrict our discussion mainly to crops only.

Famers or growers need seed of different crops, implements for tillage and land preparation, sowing, weeding, harvesting, threshing; inputs like insecticides, weedicides, fungicides, fertilizers, water, market to sell or purchase, transportation, storage. Even a farmer with small piece of land grows many crops and different crops usually need different types of implements and equipment. A farmer, in addition to crops grows some fruit trees and vegetables; he usually has some milch animals, goats or sheep as well. In this connection he needs some advisory services for each crop and for each animal with regard to the treatment of their diseases and the solution of other problems. During the storage of commodities there are various serious problems of insect pests and diseases. There is need to get advice from concerned persons in this regard.

The development of suitable varieties of different crops or breeds of different animals is a continuous process. It is neither feasible nor permissible to import seed from abroad and directly sow them in farmers fields. It may create very serious and complicated problems. It is therefore necessary to test the all exotic material by the scientists in different ecological zones in national uniform yield trials, record data on the quality of produce, test their level of resistance against major insect pests and diseases and then get it approved as variety for general cultivation.

The development of new variety requires a multidisciplinary team of scientists at national level involving different relevant institutions. In addition, there is need to interact with advance laboratories in different countries of the world in connection with the use of modern biotechnological techniques and genetic engineering. It is the duty of the multidisciplinary team of scientists to acquire promising exotic germplasm for getting resistance sources and quality trait from abroad and incorporate it in local germplasm for the development of new varieties. In this connection, scientists have to interact with eminent scientists for developing new varies on sustainable basis. It is also the duty of team of scientists to develop production technology of each new variety. You can get some idea of the interaction of scientists at national and international level. There is also need of the interaction of scientists with the farmers directly and through extension workers and interaction with different private national and multinational seed and pesticide companies.

The viable interaction of farmers with the extension workers is of paramount importance. There is need of interaction of farmers with  other stakeholders such private national and multinational companies, service providers, irrigation department, marketing department, department relating to construction of roads, department to purchase, transport and store extra produce, preparing products and by-products of produce, especially preservation of perishable commodities. Some provide machinery, equipment and implements; others provide inputs such as high-quality seed, fertilizers, insecticides, weedicides, fungicides, rodenticides; other provide advisory services for enhancing yield, improving quality of produce, reducing the cost of production by using environment friendly techniques and optimal use of inputs and integrated management of insects, diseases and weeds. A farmer has to interact with all the stakeholders. It is the duty of policy makers to give sound policies for the development of agriculture and agro-based industry. Farmers have a lot of interaction with labour especially at the time of sowing and harvesting.

Based on the information given above about agriculture one can understand the complexity of interactions in this profession. Each interaction is of paramount importance. If hundreds of interactions are going on well, but if there is injustice merely in a few of them, then there are chances of failure of all efforts. Therefore, it is generally believed that no system can work properly if there is injustice in any form in the system. This indicates the importance of justice in every system and at every level of the system.

If all the scientists are working honestly but a scientist or a group of scientists working on one aspect make some manipulations in their data the variety may not be approved for general cultivation; in certain cases, even if it is approved fraudulently, it will not be successful in the farmer’s fields, because some scientists did injustice in performing their duties in this noble work.  Likewise, if variety is good in every aspect, but its testing in the target areas in the farmers field is not properly done by the concerned scientists, then the variety may fail, because they did injustice in performing their prescribed duties.

When variety is good, its production technology is perfect and it is approved, then it is released for general cultivation. The performance of the new variety may be different when it is grown by different types of farmers: progressive farmers usually exploit the full potential of the variety and, in some cases, get higher yield than even reported by the scientists based on their trials; other get yield equivalent to achieved by scientists; some farmers get low; while others get very low; and some others obtain extremely low yield.. Those growers who got highest yield they not only followed the production technology completely but put some extra efforts based on their long practical experience. It means they did complete justice with the new variety with some extra efforts which may be called Ihsan in the religious literature; the second category did full justice with the new variety; the third category of growers did some injustice with it in one form or the other and slightly deviated from the required justice; the magnitude of deviation from justice by the fourth category was of comparatively higher than the previous one; while, intensity of injustice by the last category of growers was the highest, therefore they obtained lowest yield and could not get any benefit from the wonderful new variety merely due to injustice in performing their duties. Such growers usually blame that the new variety was not good, but the same variety gave wonderful results in the fields of progressive growers.

There are a number of social factors and corrupt practices which result into low yield of new varieties. In this case the variety is good, production technology is perfect, growers are following the recommendations properly, but they are getting low yield. Our analysis and investigations reveal that the inputs were substandard and adulterated. Such adulteration was found in zinc and some other formulations of fertilizers, insecticides, fungicides and in certain cases low quality of seed. In some cases, the quality of inputs was good but the less quantity was used and method of application was defective; the inputs were not available at the optimum time and their application was done not at proper time. Sometimes due to wrong policy, negligence of some stakeholders, farmers do not get loan at proper time and they could not purchase the inputs when they were required; in certain cases they do not get proper price of their produce and next year they do not grow that crop. It means some of the stakeholders are doing injustice in performing their duties toward growers and majority of them are corrupt. Due to such corruption and injustice by some stakeholders the overall production system is badly affected and, in this way, the hard work of scientists, technologists and farmers go to the drain.   

We have allocated among them their livelihood in this world (in such a manner that) We have raised some in status above others so that they can mutually serve each other ([1]).

In verse 43:32 Allah says: We have even kept the distribution of the common means of life in the world in Our own hand, and have not entrusted it to anyone, else. We create someone beautiful and another ugly, someone with sweet voice and another with a harsh voice, someone robust and strong and another weak and frail, someone intelligent and other dull, someone with a strong memory and another forgetful, some with healthy limbs and another a cripple, or blind or deaf and dumb, someone in a rich family and another among the poor, someone in an advanced country and another in backward country. No one can do anything about this destiny concerning birth. One is compelled to be what We have made him. And it is in no one’s power to avert the impact one’s circumstances of birth or on one’s destiny. Then, it is We our self Who are distributing provisions, power, honour, fame, wealth, status, government, etc. among men. No one can degrade the one whom We have blessed with good fortune, and no one can save from ruin the one whom We have afflicted with misfortune. All plans, and schemes of man ineffective against Our decrees. In this universal divine system, therefore, how can these people decide as to whom should the Master of the universe make His Prophet (Peace be upon him) and whom He should not? Moreover, in the divine system everything is not given to one and the same person, or everything is not given to everybody. If you look around carefully, you will see that great differences exist between the people in every respect. We have given one thing to one person but deprived him of another, and given the same to another one. This is based on the wisdom that no human being should become independent of others, but everyone should remain dependent on the other in one way or the other. Now it would be foolish on your part to think that We should have given the prophethood also to the same person whom We have blessed with wealth and nobility. Likewise, will you also say that wisdom, knowledge, wealth, beauty, power authority and all other excellences should be assembled in one and the same person, and the one who has not been given anything else? ([2]).

By creating various classes of people, Allah, the Most High is testing whether the big and small, the high and the low create a society based on co-operation and respect or create disorder in the world by disregarding the role of each person has been ordained to play in this world.

The basic principle and the very first thing which the Holy Prophet (Peace and blessings of Allah be upon him) stressed was that the ultimate sovereignty vests in Allah (May He be Exalted) and kingdom belongs to Him alone and He alone is the Law Giver. No person, no class or group, not even the entire population of a country as a whole, can lay claim to sovereignty. Allah (Might and Majesty belongs to Him) is the real law-giver and the authority of absolute legislation vests in Him. The Islamic state must in all respects, be founded upon the law laid down by Allah Almighty through His Prophet Muhammad (Peace and blessings of Allah be upon him).

Allah has promised to those among you who believe and do righteous deeds, that He will assuredly make them to succeed (the present rulers) and grant them viceregency in the land just as He made before them to succeed (others) ([3]).

The verse 24:55 reveals that this is a promise from Allah to His Messenger that He would cause his Ummah to become successors on earth – they would become the leaders and rulers of mankind, through whom He would reform the world and to whom people would submit so that they would in exchange a safe security after their fear. This is what Allah Almighty did and Muslims ruled the world for long time. The Holy Prophet said, “Allah showed me the earth and I looked at the east and the west. The dominion of my Ummah will reach everywhere I was shown ([4]).

Islam uses the term vicegerency (khilafat) instead of sovereignty. Sovereignty belongs to Allah Almighty Alone. A ruler is a vicegerent of Allah, the Highest and is authorized to exercise powers only according to His Laws. Ruler is not entitled to make any alteration or manipulation or innovation in the basic principles. Hz. Abu Bakar Siddiq after assuming authority as a representative of Prophet Muhammad said, “Obey me as long as I obey Allah and His Messenger (Peace and blessings of Allah be upon him).” Likewise, Hz. Omar said, “Put me right if you discover any crookedness in me.”  Obedience of the rulers is very important in  Islam after Allah (Glory be to Him, the Exalted) and His beloved Prophet Muhammad (Peace and blessings of Allah be upon him).

O mankind, indeed We have created you from a male and female and made you people and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is knowing and Aware ([5]).

O Believers! Obey Allah and obey the Messenger and those entrusted with authority from among you. Then if arises any dispute about anything, refer it to Allah and the Messenger, if you truly believe in Allah and the Last Day. This is the only right way and will be best in regard to the end ([6]).

The verses 49:13 and 4:59 provide the criteria for the selection of leaders at every level including overall leader (Amir). This means that only such a person will be elected as a leader, who enjoys the full confidence of the Muslim public on the basis of piety and good conduct. After the selection one will be completely relied upon and fully obeyed so long as one follows the laws of Allah, the Highest and His Prophet (Peace and blessings of Allah be upon him). Every Muslim will be entitled to criticize not only his public activities but also his private life. In the eyes of the law his status will be the same as that of an ordinary citizen. He will have to work in consultation with an advisory council.

Since the authority of Allah Almighty and His Prophet (Peace and blessings of Allah be upon him) is eternal, therefore, in all affairs in which an eternal directive has been given by them, is now incumbent upon those in authority to submit to them forever. The orders and directives of these rulers can only be carried out subsequent to obeying Allah Almighty and His Prophet (Peace and blessings of Allah be upon him), and only if they do not overrule or exceed these limits then, they should not be obeyed. Moreover, in case of any difference among the believers, the decision must be made in accordance with the Qur’an and the Sunnah.

 It is evident from verse 4:59 that in the Islamic system, Allah Almighty is the real Authority and therefore must be obeyed. A Muslim as an individual and as a community owe their first loyalty and allegiance to Him, and then the allegiance and obedience to Prophet Muhammad (Peace and blessings of Allah be upon him). In reality, this is the practical shape of obedience to Allah Almighty. We can obey Him only by obeying His Messenger. After the first and the second allegiance, the Muslima owe allegiance to those invested with authority. It includes all those persons who have some sort of authority in one way or the other such as religious leaders, political leaders, administrators, judges, and of institution heads etc. should be obeyed.

Allah Almighty is Just in His creation, commandments, legislation, and actions. Whatever He has created is Truth, just, useful, purposeful, and nothing is useless. In the universe, justice prevails everywhere and all the time. It is impossible to find even a tinge of injustice in any component or part of the universe under natural conditions. Sometimes due to the misuse of free will by human beings apparently injustice creeps in the natural system.

In this article we will briefly describe the concept of justice; types of justice – Divine justice, social justice, economic justice, legal justice, restorative justice, environmental justice, and political justice; Allah’s commandments and love to justice; significance of justice; Prophet Muhammad as the best Judge; framework of justice system; divine law: implications of obedience and disobedience; and role of justice in achieving peace and true success (flah).   

2. THE CONCEPT OF JUSTICE.

Justice is the ethical, philosophical idea that people are to be treated impartially, fairly, properly, and reasonably by the law and by arbiters of the law, that laws are to ensure that no harm befalls on another, and that, where harm is alleged, a remedial action is taken – both the accuser and the accused receive a right consequence merited by their actions (due process). Justice is a legal structure or system that is designed to judge in a general sense who should be accorded a benefit or burden when the law is applied to a person’s factual circumstances ([7]).

Justice is a broad idea that affects nearly every area of human life. It may be defined as a system in which in which everything is entwined or bound together. It aims to bring disparate ideas together and organize all human relationships around it. As a result, justice entails binding, joining, or organizing people into a just or fair relationship order ([8]).

Justice is the conformity to the principles of righteousness, truth, reality and fairness; strict performance of moral obligations; distribution of benefits and burdens fairly; and the principle that punishment should be proportionate to the offense; justice is the proper ordering of things and persons within a society.  Justice in Islam is a multifaceted concept, and there are several words to define it. The most common word in usage which refers to overall concept of justice is the Arabic word Adl (justice). This word and its many synonyms imply the concept of right, as equivalent to fairness, putting things in proper place, equality, equity, balance etc. The Holy Qur’an uses various terms for injustice such as Zulm, Tughyan, Israf, Tabdhir, Ifsad, Itida and Udwan. Zulm is that which is not in proper form or not in order. In fact, anything which is out of place or not in order is the negation of justice. Tughyan is used for excess, or over and above the proper measure. Israf means wastage. Tabdhir is used in the meaning of misuse. Ifsad may be called as disorder or mischief. Itida and Udwan, mean going beyond one’s bound ([9]).

 Indeed, Allah orders justice and good conduct and giving (help) to relatives and forbids immorality and bad conduct and oppression ([10]).

In verse 16:90 Allah has enjoined three most important things on which alone depends the establishment of a sound and healthy society. The of first of these is justice which has two aspects. To make such arrangements as may enable everyone to get one’s due rights without stint. Justice does not, however, mean equal distribution of rights, for that would be absolutely unnatural. In fact, justice means equitable dispensation of rights which in certain cases may mean equality. For example, all citizens should have equal rights of citizenship but in other cases equality in rights would be injustice. For instance, equality in social status and rights between parents and children will obviously wrong. Likewise, those who render services of superior and inferior types cannot be equal in regard to wages and salaries. What Allah enjoins is that the full rights of every one should be honestly rendered whether those be moral, social, economic, legal or political in accordance with what one justly deserves. The second thing enjoined is Ihsan and the third thing which has been enjoined is good treatment towards one’s relatives. But here we are mainly concerned with justice ([11]).

Justice means to act justly, fairly, equitably, to adjust properly, to make even, to straighten, to rectify, to establish balance. To make equal, In Islam, justice is a foundational principle that permeates all aspects of life.

Both Plato and Aristotle defined justice as the virtue which gives everyone his due rights. Some people define justice in terms of equality, while others in equity. In general, justice means placing things in proper order; upholding the law; administrating law according to prescribed and accepted principles; impartial adjustment of conflicting claims or the assignment of merited rewards and punishments; creating a state of equilibrium in the distribution of rights and duties; performing duties honestly and diligently; making such arrangements which may enable everyone to get one’s due rights; and to fulfil the rights of others. Justice is used also in the sense of ‘scales’ whereby the two sides are made to show equal weight.

Justice may be defined as the quality of being just; fairness. The principle of moral rightness; equity – conformity to moral righteousness in action or attitude. The upholding of what is just especially fair treatment and due reward in accordance with honour, standards, or law. The administration and procedure of law; conformity to truth, fact, or sound reason ([12]).

Divine justice is the constant and unchanging will of Allah Almighty to give everyone what is due to him or her. Every form of justice is possessed by Allah (May He be Praised and Exalted). He practices legal justice through the natural and moral laws. He co-ordinates creatures to the common good; Allah provides distributive justice because He gives to His creatures everything which is necessary for them, or they need to fulfil the purpose of their existence; discharges remunerative justice because He rewards the good; and provides vindictive justice because He punishes the wicked ([13]).

Allah Almighty sent down al-Kitab (the Book), al-Mizan (the Balance) and iron to establish justice in the world.  The Book means all the Revealed Books and Scriptures. The Holy Qur’an is the last and final edition of the Book; therefore, it should be followed throughout the world by all people to establish justice in the world. It clearly distinguishes what is right and what is wrong. Balance means equipment for weighing or measuring of things. Iron means strength to enforce justice through power and strength.  

The word Mizan used in Surah 42 of the Qur’an means justice, weighing balance, the balance of nature, the Shariah of Allah, the revelation, and power of reason. According to Mujahid, Qatadah and Sudi the Arabic word Mizan means justice, while, other eminent scholars have taken the word Mizan in the sense of equipment used for mearing and weight or volume.

The meaning of Arabic world Mizan is an instrument for weighing and measuring weight or mass of matter. In broad sense, the word Mizan also means ‘balance of nature ([14]).

Balance also means the Shariah of Allah, which, like a balance, brings out clearly the distinction between the right and the wrong, the truth and falsehood, justice and injustice, and righteousness and wickedness. With this Holy Book the ‘Balance’ has come by which justice will be established” ([15]).

Revelation is like a balance, an instrument placed by Allah in our hands, by which we can weigh all moral issues, all questions of right and wrong in conduct.…. The balance may also refer to the God-given faculty by which man can judge between right and wrong ([16]).

Giving the full measure due, and giving short of it, applies to everything, and not only in weights and measures (Imam Malik).  Mizan also means maintaining rights and establishing justice and a fair play(Mufti Shafi).

The Arabic words for justice are Adl and Mizan and for injustice are tatfif, zulm, Tughyan, Israf, Tadhir, and Ifsad. In order to grasp the concept of justice it is necessary to know the meanings of these words.

The term ‘tatfif is used for giving short weight and short measure fraudulently, for the person who acts thus while measuring or weighing, does not defraud another by any substantial amount, but skims small amounts from what is due to every customer cleverly, and the poor customer does not know of what and of how much he is being deprived by the seller ([17]).

‘Tatfif’ is not simply restricted to weighing short and measuring less, but it may be considered in a broader sense. In fact, all people may be included under the Quranic term al-Mutaffifin, if they fall short in fulfilling the rights of others due against them ([18]).

Tatfif is the spirit of injustice: giving little and asking much. This may be shown in commercial dealings, where a person exacts a higher standard in one’s own favour than one is willing to concede as against him. In domestic or social matters an individual or group may ask for honour, or respect, or services which he or they are not willing to give on their side in similar circumstances – double injustice ([19]).

In short, Ruler, administrator, scholar, scientist or any person who does not discharge one’s duties as required; does not use time optimally; delays work; does not fulfill terms and conditions is considered as al-Mutafif.

In Arabic word, Zulm means cruel or unjust acts of exploitation, or oppression. Zulm means placing a thing which is not in proper form or not in order. Itis the negation of justice. The Holy Qur’an declares Shrik as zul-mun Azim. Thus, entire life of a mushrik becomes Zulm in every aspect and at all times and his every breath becomes an expression of injustice and iniquity. A Zalim is the one who either deprives others of their rights or does not fulfill one’s obligations towards them. A zalim is always unjust in his dealings.  Tughyan is used for excess, or over and above the proper measure. Israf means the wastage. Tabdhir is used in the meaning of misuse. Ifsad may be called as disorder or mischief or going beyond one’s bound. and Udwan, mean going beyond one’s bound. All these words are related with injustice.

Justice is the conformity to the principles of righteousness, truth, reality and fairness; strict performance of moral obligations; distribution of benefits and burdens fairly; and the principle that punishment should be proportionate to the offense; the proper ordering of things and persons within a society ([20]).

The Islamic concept of justiceis complete and comprehensive, encompassing spiritual, social, legal, and environmental dimensions. It covers all aspects of life of an individual; provides justice at family, community, national and global level; and it implies fairness and equity in everything a person says or does. It provides guidance how to resolve differences among people without any favour and fear. Islamic justice system provides guidance precisely to know the rights of Allah, the rights of oneself, the rights of other human beings and those of other creatures in the world. Islam emphasizes to safeguard every aspect of civilization and social life in order to ensure that all elements of society should receive their rights equitably and fulfill their obligations and duties in best manners and to establish the whole system of human society on justice in order create synergy and harmony in the society. It emphasizes fairness, compassion, and accountability with the ultimate goal of creating a just and equitable society in accordance with the teachings of Islam.

3. TYPES OF JUSTICE

 There are may types of justice such as divine justice, social justice, economic justice, legal justice, restorative justice, environmental justice, and political justice. These types of justices are briefly described below.

3.1. Divine Justice

Some of Allah’s attributes relating to justice are Al-Hakam, Al-Hakim, Al-Muqsit, Al-Hakim, and Al-Haqq. Al-Hakam means the Judge, the Arbitrator and the only True Judge. He is the One Who judges and provides what is due; the One Who always delivers justice in every situation; the One Whose judgment and decrees are never over-turned or thwarted; the One Who makes the final decision of the nature of all matters; and the One Who arbitrates all disputes.He is One Who never wrongs anyone and is never oppressive. Hakam refers to the attribute of judging, being wise, passing a verdict, and preventing or restraining people from wrong doing. 

(say), “Then is it other than Allah I should seek as judge while it is He Who has revealed to you the Book (the Qur’an) explained in detail.” And those to whom We (previously) gave the Scripture know that it is sent down from your Lord in truth, so never be among the daughters. And the word of your Lord has been fulfilled in truth and in justice. None can alter His words, and He is the Hearing, the Knowing ([21]).

It is evident from verse 6:114 that implied speaker is the Prophet Muhammad and the words are addressed to the Muslims. The purpose is to impress upon the Muslims that Allah has elucidated the relevant truths, and has also proclaimed that in their endeavour to make the truth prevail they will have to follow the path of striving and struggle. The devotees of the Truth should, therefore resort to those means which human beings normally employ for the successful achievement of their objectives rather than wait for any supernatural intervention that would enable them to achieve their mission without struggle and sacrifice. Moreover, Allah Himself had chosen that human effort rather than supernatural intervention should lead to prevalence of truth, who had the power to change this basic fact and bring out the victory of the Truth without any resort to human effort and sacrifice. Everything in the Qur’an is perfectly true and in fact constitutes that the eternal truth which cannot suffer any change or modification ([22]).

Linguistically, hakam and hakeem are from the same root; hakam emphasizes the act of delivering justice whereas hakeem refers to the essential nature of the possessor of wisdom Al-Hakam refers to the totality of Allah’s power to judge and arbitrate with perfect justice and immense mercy, which cannot be compared with judging and arbitrating of any created being. Al-Hakam deals with all affairs of creation; He makes certain deeds lawful and other deeds unlawful; He has complete legislative power and his decree cannot be overturned by anyone (7:54); He laid down he perfect rules which can be followed easily and protect the rights of everyone. When someone reverts to Islam, He forgives of all of one’s previous sins and evil deeds. He is the Best and Ultimate Judge; whenever Al-Hakam decrees something, He does so with perfect wisdom. Never object to His decree by complaining about your fate and questioning Him Ask Him to protect you from injustice at the hands of others and ask Him to make you just towards others. O Al-Hakam aid us to adhere to Your legislation in our daily lives, make us of those who are equal and just to others and of those who always stand up for the truth. Protect us from the injustice of others, adorn us with reliance upon You and Your justice at all times and under all situations ([23]).

Al-Hakeem is the One Who is Judge of judges; correct in His doings, andgreatest in His Wisdom; and the One who places everything in its right place. Al-Hakeem cannot be any one except Allah. Al-Maqsit means the Equitable, the Just, and the One Who is Just in His Judgment. He is the One Who acts and distributes everything in justice and fairness. Al-Haqq means the Truth, the Just, and the Correct. Al–Haqq is the One whose essence is wisdom, justice, right, and rightness; and the One through whom all righteousness, justice and truth are revealed.

Shuraih bib Hani reported from his father that the Messenger of Allah said, “Allah is Al-Hakam (the Judge) and judgment is His” ([24]).

Allah’s justice is perfect, and flawless in every respect, because His personal kwledge is perfect; He has documentary proof of every action and every utterance and even the intentions of every person in this world; and possesses full power to implement His decisions. Allah’s knowledge is perfect because He is Al-Awwal (the First), Al-Akhir (the Last), Al-Khabeer (the Well-Aware), Ar-Raqeeb (the Watcher), Al-Alim (the All-Knowing), Al-Baseer (the All-Seeing), As-Samee (the All-Hearing), Al-Muheet (the All-Encompassing) and As-Shaheed (the Witness). Moreover, Allah has absolute power to do justice in the universe, because He is Al-Azeem (the Mighty), Al-Azeez (the Strong), Al-Qahir (the Irresistible), Al-Qadeer (the All-Able), Al-Qawiyy (the Strong), Al-Qahhar (the Dominant), Al-Mutakabbir (the Majestic), and Al-Maleek, and Al-Malik (the King). No one can react against His decision or in a position to undo His decision, or has the right to listen appeal against His decision. There is no provision to make any change or improvement in it. No one has the right of appeal against His decision.  

 Allah is the One Who establishes justice and always delivers justice in every situation;  the One Who leads mankind to justice; the One Who acts and distributes in justice and fairness; the One Who rectifies and sets matters straight in a fair, impartial, and equitable manner; the One Who possesses the quality of discrimination between right and wrong; the One Who is free from every error or misunderstanding; the One Who will be ultimate witness on the Day of Judgment; the One through Whom all righteousness, justice, and Truth are revealed. In short, Allah is the only True Judge and the perfect justice is only given by Him. Allah never does injustice to anybody.

Allah always gives to people mercy, good and grace, but human beings by misusing their free will, either prevent that grace, good and mercy from reaching them or transform them into an evil. In fact all the evils that fall humankind are caused by themselves through wrong approaches. In this regard we should also take into consideration the instructions of Prophet Jesus. He said, “If your right eye causes you to sin, pluck it out and cast it from you; for it is more profitable for you that one of your members perish, than for your whole body to be cast into hell. And if your right hand causes you to sin, cut it off and cast it from you; for it is more profitable for you that one of your members perish, than for your whole body to be cast into hell (Mathew 5:27-30). In short, all the good that comes to humanity is from Allah. Whatever good people have, it is from Allah, while whatever evil befalls them, it is from themselves.

Allah himself knows each and everything in the world. He has appointed two angels for recoding all good and bad deeds and actions and utterances of every person. Every inanimate and animate creature may be summoned by Allah as a judge for witness against or in favor of any person. Even the organs of one’s own body will be witness against him or her. There is no such comprehensive and perfect justice system in the human history. He is a unique Judge in this world and will be sole Judge in the Hereafter.

Allah’s justice covers all stages and phases of human life in this world and in the Hereafter. No other personality is entitled to do justice at the time of death and in the subsequent stages in the Hereafter. Even in this world no judge has absolute power or authority to do justice, but every judge is bound to follow certain rules and regulations, and decision of every judge is liable to be challenged. Every judge may be deceived by the lawyers and the witnesses, but it is not so in case of Allah.

Indeed, those who have said, “Our Lord is Allah” and then remained on a right course – the angels will descend upon them (saying), “Do not fear and do not grieve but receive the glad tidings of Paradise, which you were promised.”  We (angels) were your allies in the worldly life and (are so) in the Hereafter. And you will have therein whatever your souls desire, and you will have therein whatever you request (or wish). As accommodation from a (Lord Who is) Forgiving and Merciful” ([25]).

The statement in verse 41:30 ‘Our Lord is Allah’ then remained on a right course, means that they do not call Allah their Lord merely incidentally, nor were they involved in the error to regard Allah as their Lord and at the same time others as well as their lords, but they embraced the faith sincerely and stood by it steadfastly: neither adopted a creed contrary to it later nor mixed it up with false creed, but they fulfilled the demands of the doctrine of Tawhid in their practical lives as well ([26]).

Anas reported that the Messenger of Allah said, “Many people call Allah their Lord, but most of them became disbelievers. Firm and steadfast is one who remained firm on this creed till one’s death” ([27]).

For further explanation we give here statements of eminent Companions of the Holy Prophet. Then, one did not associate another with Allah: did not attend to any other beside Him (Abu Bakr Siddique). By Allah, the steadfast are those who remained firm on obedience to Allah: did not run about place to place like foxes (Umar Raruq). (These statements are recorded by Ibn Jarir).

In connection with descending of angels Maulana Maududi asserts that it is not necessary that the coming down of the angels may be perceptible, and the believers may see them with the eyes, or hear their voices with the ears. Although Allah also sends the angels openly for whomever He wills, generally their coming down for the believers, especially in hard times when they are being persecuted by the enemies of the truth, takes place in imperceptible ways and their voices penetrate into the depths of the hearts as peace and tranquillity instead of just striking the ear-drums. Some commentators have regarded this coming down of the angels as restricted to the time of death or grave, or the Plain of Resurrection. But if the condition in which these verses were sent down are kept in view, there remains no doubt that the real objective of stating this thing here is to mention the coming down of the angels on those who struggle with their lives in this world in the cause of the truth, so that they are consoled and encouraged and they rest assured that they are not helpless  but the angels of Allah are at their back. Although the angels also come to receive the believers at the time of death and they also welcome them in the grave (in the state of burzakh), and they will also accompany them constantly on the Day of Resurrection, from the time Resurrection takes place till their entry into Paradise, yet their company is not particularly restricted to the Hereafter but remains available in this world also. The context clearly shows that in the conflict between the truth and falsehood just as the worshippers of falsehood are accompanied by the devils and mischievous people, so are the believers accompanied by the angels. On the one hand, the companions of the worshippers of falsehood show their misdeeds seem fair to them and assure them that the tyrannical and dishonest acts that they are committing are the very means of their success and through them only will their leadership and dominance remain safe in the world. On the other hand, the angels come down to the worshippers of the truth and give them the message that is being mentioned in the following sentences. the words in the statement ‘do not fear nor grieve’ are very comprehensive, which contain a new theme of consolation and peace for the believers, in every stage of life, from the world till the Hereafter. This counsel of the angels in this world means: No matter how strong and powerful be the forces of falsehood, you should not be afraid of them, and whatever hardships and deprivations you may have to experience on account of love of the truth, you should not grieve on account of them, for ahead there lie in store for you such things against which every blessing of the world is insignificant. When the angels say the same words at the time of death they means this: There is no cause of fear for you in the destination you are heading for, for Paradise awaits you there, and you have no cause of grief for those whom you are leaving behind in the world, for We are your guardians and companions here. When the angels will say these words in the intermediary state between death and Resurrection and in the Plain of Resurrection, they will mean: Here there is nothing but peace for you. Do not grieve for the hardships you had to suffer in the world, and do not fear what you are going to face in the Hereafter, for we are giving you the good news of Paradise, which used to be promised to you in the world ([28]).

3.1.1. Justice in this world

Allah created man as His vicegerent and gave him the status of microcosm. The status and responsibilities are interrelated. High status demands more responsibilities and efforts. Naturally to achieve the objective of their creation, human beings are bound to do more efforts than other creatures in the universe. Therefore, for the human beings this world is a place of tests and trials; a place for the development of personality; a place to make preparations for the test in the Hereafter; and a place to act according to the Allah’s Commandments and the teachings of Prophet Muhammad. Life in this world is an opportunity to prove that man has the potential to accept the challenge of Iblis and to prove that man he realy deserves the status of Allah’s vicegerent.

It is Allah’s justice that He sent His Messengers and Prophets sequentially whenever and wherever they were needed for the guidance of human beings. Allah declared clearly that those people who will follow the teachings of His representatives will enter Paradise and the deniers will be thrown into the Hell. The extent of comforts in the Paradise will be according to the level of faith and quantity and quality of good deeds and the extent of punishment in the Hell will depend on the quantity and quality of bad deeds. In this world some non-believers or disbelievers discharge their duties properly and do work for the benefit of people and other creatures. They may get reward in this world in the form of monetary terms or as high status, name and fame.

In general, true believers and pious people will get most of the reward in the Hereafter. Therefore, in this World, apparently believers receive less worldly comforts and more hardships than non-believers. In fact, ordeals, hardships, opponent forces are necessary for the exploitation of one’s innate capabilities and for soul-making and development of personality on sound basis. In other words, whatever is ingrained in human nature comes to surface because of them. So, difficulties and hardships are for their benefit in this world as well. Such belief not only enables believers to bear hardships patiently, but they become worried if they do not encounter with hardships even for a short span of time. For example, the Companions of the Holy Prophet used to consider the inflictions they faced as a good sign. If any of them was not inflicted they felt worried and restless.

True believers due to their honesty, sincerity to cause, hard work, and good conduct enjoy a better life in this world as well. They possess respect and honour at every level due to their positive personality traits, spotless character, and good conduct. They enjoy peace of mind, satisfaction of conscience in spite of poor financial conditions and lack of material resources. In reality, such peace of mind is not available to non-believers and pseudo-believers even though they possess heaps of wealth and live in palaces. Moreover, Allah due to His Mercy and Justice helps true believers through angels at the time of need. Such help provides peace and tranquillity to the believers in difficult times.

When non-believers of disbelievers crossed the limits and did not allow the Prophet and their followers to perform their obligatory acts then Allah killed all of them in a dreadful way. He destroyed all non-believers of the community of Prophet Noah through flood. It was His mercy and justice that He saved Noah and his followers from this calamity. After the elimination of all non-believers, calm returned to the earth, the flood water retreated and all believers led their lives according to the teachings of Prophet Noah without any hindrance and difficulty. It was Allah’s justice that when people of Prophet Hood opposed his teachings and crossed all limits a deadly drought spread throughout the land and a furious windstorm which continued for eight days and seven nights and destroyed all non-believers. Their dead bodies were lying on the ground as though they were hollow trunks of palm trees. It was Allah’s justice and mercy that He saved Prophet Hood and his followers. An example of Allah’s justice is the destruction of the people of Thamud due to killing of miraculous she-camel and making plan to kill the Prophet by severe earthquakes which destroyed the entire tribe along with their dwelling places, except Prophet Salih and his followers. It was mercy and justice of Allah that He gave Prophet Moses victory over the magicians of pharaoh; extended him help to cross the river Nile successfully along with his people, and drowned Pharaoh and his armies. These are a few examples of Allah’s mercy and justice in this world. In fact, real justice will be done on the Day of Judgment.

3. 1.2. At Death

Death of every person is such a point in one side of which is this world and on the other side is Hereafter. Through death, one enters from time zone to non-time zone. In the Holy Qur’an we see different statements in connection with death. For example, verse 39:32 says that Allah takes the souls, while verses 6:61 and 16:28 say that Allah’s envoys and angels take the soul out from the body of every person at the appointed time. We learn from verse 32:11 that the Angel of Death does this task. These verses do not contradict each other. It is ultimately Allah, who makes people die, but, He has assigned this duty to Angel of Death and his team. The journey of a person to the Hereafter starts when the Angels of Death approaches a person. It is the time when the doors of repentance are closed and no action and supplication is accepted by Allah at this stage, and one’s book of deeds is closed.

It is justice of Allah that the treatment of the Angel of Death and his team in connection with causing the death, seizing the soul and taking it into custody is different for believers, and non-believers; honest and dishonest; and hypocrites and Muslims, etc. Allah shows mercy and provides justice to the believers and does justice to the non-believers and disbelievers at the time of death. 

Death is a gift of Allah to a believer, because this world is a prison house for him due to hardships one faces while walking on the Way of Allah. Death takes believer out from temptations of passions, attacks of Iblis and his network; difficulties of tests and trials and other worldly vanities. It is mercy and justice of Allah that at the time of death, a believer is given good news of pleasure of Allah and His gifts. The angels of mercy come with white silk and say: “Come out well pleased (with Him) and well pleasing you to the pleasure of Allah and to fragrance and to Lord without being angry.” Then it will come out like the most fragrant air of musk. At this moment, the angels of white faces descend upon a believer from heaven with a coffin and perfumes from heaven. The Angels of death come to the believer in a pleasant shape (with bright face and body), give great respect and honour and says:  “O pure soul come out towards forgiveness and pleasure of Allah.”

Believer’s soul comes out like a drop of water from a cup. It means that death of a believer is not troublesome. Then angels take the soul up and give great respect and honour throughout the journey from earth to the end of seven heavens, wherein there is Allah. On the way the inmates of different heavens accord warm welcome to the soul of a believer. At this stage Allah shows His Mercy to His servants and rewards them in different ways: Put the soul in a green bird which hangs down with a tree of Paradise; allows the soul to roam about freely till the end of this world. In short, the angels transport the good souls to the good abode.

It is Allah’s justice that at the time of death, the unbeliever is given news of Allah’s punishment and of His chastisement. Angels of death come to nonbelievers or disbelievers in a terrible image; smite the faces and backs; out-stretch their hands; and seize their souls in a terrible way. It means their souls leave the body with great difficulty, drawn out by the angels as a thronged skewer is dragged through the wool. Then Angels put the souls in sacks woven from hair which gives off putrid stench. Angels insults them calling them impure souls and impure bodies. Doors of heavens are not opened for them and ultimately their souls

Would that you could see how it was when the angels were seizing the souls of the slain disbelievers! They were striking on their faces and hips and saying, “Now taste the torment of burning; this is the recompense for what your hands had prepared beforehand; for Allah does not do injustice to His servants.” This happened to them just as it had been happening to the people of Pharaoh and to the peoples before them: this was because they rejected His revelations and seized them as a consequence of their sins, indeed Allah is All-Powerful and severe in inflicting chastisements ([29]).

The punishment of disbelievers at the time of death is evident from verse 8:50 of the Qur’an. IN this verse the warnings are given to them by the angels. Here, addressing the Holy Prophet it has been said that had he seen the condition of the disbelievers at that time when the angels were beating their faces and backs as the extracted their Souls and telling them to have a taste of the punishment of burning in the Fire, then, he would have seen some-thing awesome. Some of the leading commentators have declared this statement to be about the particular disbelievers from among the Quraish who had come out to confront Muslims at Badr, where Allah had sent an army of angels to help Muslims. Thus, the meanings come to that the Quraish chiefs who were killed in the Battle of Badr were killed at the hands of the angels who were hitting them from the front on their faces and from the rear on their backs and were killing them in this manner while giving them the dark tidings of the punishment of Hell in the Hereafter. There are other commentators who have kept the sense of this verse general in view of the generality of the words used in the verse. According to them, the verse means: When a disbeliever dies, the angel of death beats his face and back while taking out his soul. In some narrations, it appears that they have lashes of fire and maces of iron in their hands which they use to strike at the disbeliever condemned to death ([30]).

Addressing the disbelievers in verse in verse 8:51. It was said that the punishment of this world and that of the Hereafter was nothing but what they had earned with their own hands. Since things done usually take their shape through the work of hands, therefore, mention was made of hands. The sense is that the punishment coming to them was direct outcome of their own deeds. And as for Allah, He was not the kind of authority Who would bring injustice upon His servants and go about subjecting someone to punishment just for no reason ([31]).

The verse 8:52 tells us that the punishment of Allah visiting these criminals is not something totally unprecedented. In fact, it is nothing but the customary practice of Allah that He would give reason and understanding to His servants so that they could act as guided. Then, all around them, they have countless things they can think about and go on to know Allah and recognize His great power, and then do not stoop to the level of taking the weak ones from among His creation as His partners, associates and, after that, He sends His Messengers and Books for additional warning. When the Messengers of Allah come, they leave no stone unturned in making people understand the message. They even go to the outer limits of demonstrating the manifestations of the inalienable subduing power of Allah  in the form of miracles. Now if a person or people were to close their eyes to all these things, give no ear to any of these Divine Warnings, then, for such people, there is the inevitable practice of Allah: That they are visited by punishment in this world too, and that they are subjected to the everlasting punishment of the Hereafter as well. When the disbelievers belied the verses and signs of Allah, He seized them with His punishment because of their sins and disbelief ([32]).

Obadah bin Swamet reported that the Messenger of Allah said, “When death comes to a believer, he is given good news of the pleasure of Allah and His gifts, there is then nothing dearer to him than what is before him. So he likes to meet Allah and Allah also likes to meet him. And an unbeliever – when death comes to him, he is given news of the punishment of Allah and of His chastisement” (Bukhari, Muslim, Mishkat-ul-Masabih vol 3, P. 9).

Abdullah bin Amr reported that the Messenger of Allah said, “The gift of a believer is death” ([33]).

Abu Hurairah reported that the Messenger of Allah said, “(As for) a dying man, the angels come to him. If a man is pious, they say: Come out, O pure soul lodged in pure body. Come out being praised, and receive good news with pleasure and fragrance and the Lord without being angry. They continue to utter it for it till it comes out. Then it is taken to heaven…. Then it will be said: Welcome to the pious soul lodged in a pious body. Enter being praised and take good news with pleasure and fragrance and Lord without being angry. That will continue to be uttered for it till it will come to the end of the heaven wherein there is Allah. When a man is impious, they will say: Come out, O impure soul lodged in impure body. Come out being despised, and take news with hot water and squeezing of impurities and various punishments. That will continue to be uttered for it till it comes out. Then it will be taken toward heaven….. Then it will be said: No welcome to impure soul lodged in impure body. Return being despised and verily the doors of heaven will not be opened for you. Then it will be hurled down from heaven” ([34]).

In another narration “When a soul of a believer comes out, the two angels meet it to take it up. The inmates of heaven will say: Pure soul has come from the side of the earth. May Blessing of Allah be on you and on the body…Then it will be taken to its Lord. He will say: Roam with it till the end of the world” ([35]).

As for an infidel, when death comes to him, the angels of punishment come to him with rod. They will say: “Come out being displeased (with him) and displeasing you toward the punishment of Allah. And then it will come out like the strong stenchy smell of a corpse, till they will come down with it to the door of the earth” ([36]).

The Holy Prophet said, “Verily the souls of the believers are in a green bird which hangs down with a tree of Paradise” ([37]).

The Holy Prophet said, “Verily when a believing servant is about to part away from the world and approach towards the Hereafter, the angels, white of faces descend upon him from heaven, with them there is coffin out of the coffins of Paradise and perfumes from the perfumes of Paradise till they take seat near him to the distance of eye-sight. Afterwards the angel of death comes till he sits near his head and says: O pure soul! Come out towards forgiveness and pleasure of Allah. Thenit comes out flowing like the flowing of a drop of water from cup. Then he takes it up, and does not leave it in his for the twinkling of an eye till they take it up and place it in that coffin and in that shroud; it then comes out of it like the most excellent fragrance of musk that is available on the surface of the earth. Then they ascend therewith and they do not pass (that is with it) by any group of angels who do not but ask whose is this pure soul… till they come with it to the nearest heaven…………. Then those who are near it out of every heaven transfer it to a heaven that follows it till it is taken to the seventh heaven. Then Allah says: Write down the scroll of My servant on the highest heaven and send him back to the earth…… Then his soul is returned to his body…” He said, “As for the infidel, when he is about to depart away from the world and advances towards the Hereafter, angels, ugly of face, come down upon him from heaven with a cloth with him. They sit near him to the distance of eye-sight and then the angel of death comes. Afterwards he sits near his head and says: O impure soul! Come out towards wrath of Allah. Then it comes out from its body, and he snatches it off as iron-pits are snatched off from wet wool and then he takes it” ([38]).

In the light of the verses of the Holy Qur’an and the traditions of Prophet Muhammad we can conclude that Allah as the greatest judge shows mercy and does justice to the believers and does justice to non-believers without any tinge of injustice at the time of death. 

3.1.3. In the grave (Barzakh)

The grave is a pit or a trench of Hell or an orchard of paradise. It is the first stage out of the stages of the Next World. If one passes this test successfully then one may pass subsequent stages of the test successfully with the grace of Allah, and if one fails this very stage of the test, then he or she will face more difficulties in the subsequent stages.

After the burial of a person in the grave, two angels: Munkar and Nakeer come in the grave and ask three well known questions. The pious person will promptly answer the questions and get through the examination successfully. Then someone with cheerful countenance and dresses with fragrant clothes comes and says, “Take good news of blessings of your Lord and paradise of lasting peace.” On hearing of such good words, the person will ask him, “Who are you?” He will reply, “I am your pious deeds.” Depending on the level of faith and the quantity and quality of good deeds the graves of believers is made spacious up to seventy cubits in every side, or extended to the distance of one’s sight. There is light for a believer therein. He is dressed with the dress of paradise and a door is opened for him towards paradise and its air and fragrance comes to them. Then a beautiful bed is spread for him. Believer sleeps in his grave comfortably without any fear and distress, till Allah will raise him up from that bed of his on the Day of Resurrection. The angels will come to receive the believers at the time of death and they also welcome them in the grave. 

For unbelievers, the grave is an abode of sorrows and sufferings, of intense darkness; of worms, scorpions, snakes, and serpents. An impious person sits in his grave fearful and perturbed. Two fearsome, dread-inspiring angels come to it for its interrogation. He is not able to answer any question and utterly fails in his test. His wicked deeds come as an increadibly ugly being, wearing ugly garments and giving of a foul and offensive odor. The grave becomes constrained over him and his two sides are exchanged. In other words, his grave becomes too narrow for him till his two sides are exchanged. A bed of the fire is spread in his grave, and he is dressed with the dress of fire and a door is opened towards Hell. Then its heat and hot wind comes to him. Then he is entrusted to a blind and deaf angel with an iron rod with him. If a mountain would have been beaten therewith, it would have turned into dust. He is turned into dust and again the soul is returned to him. Ninety-nine serpents bite an unbeliever in his grave. They bite him and sting him and will continue to do so till the Day of Resurrection. If any serpent among them gives out a breath into this world, it will never yield vegetation.

3.1.4. On the Day of Judgment

On the Day of Judgment, Allah will do justice and show His mercy to believers. He will do justice with non-believers and disbelievers according to their actions and their behaviour towards believers and other creations in the universe. Complete justice will be done on the Day of Judgment and there will not be even tinge of injustice with anyone. In this regard, a lot of information is available in the Holy Qur’an. It is not feasible here to mention all the verses in this regard. Here only a few verses are given:

There (Hereafter) everyone shall be paid in full for the good or evil one has earned and none shall be wronged ([39]).

The verse 2:281 mentions about the fear of the Hereafter or the Day of judgment, its accounting, its rewards and punishment. On that Day all of the human beings will be assembled before Allah when everyone will be fully and equitably recompensed for their deeds and they will not be wronged ([40]).

So how will it be when We assemble them for a Day about which there is no doubt? On that Day, everyone will be paid in full for what one has earned, and none shall be wronged ([41]).

In verse 3:25 Allah criticizes the Jews and Christians who claim to follow their Books, the Torah and the Injil, because when they are called to refer to these Books where Allah commanded them to follow Prophet Muhammad, they turn away with aversion. This censure and criticism from Allah were all because of their defiance and rejection. This is because they say, “The Fire shall not touch us but for a number of days.” By such utterances they deceive themselves, believing that the Fire will only touch them for a few days for their errors. In fact, it is they who have invented this notion, and Allah did not grant them authority to support this claim. Allah declares how it will be when We gather them together on the Day about which there is no doubt (the Day of Judgment), meaning what will their condition be like after they have uttered this lie about Allah, rejected His Messengers and killed His Prophets and their scholars who enjoined righteousness and forbade evil. Allah will ask them about all this and punish them for what they have done. On that Day each person will be paid in full what one has earned and they will not be delt unjustly ([42]).

Then, indeed your Lord, to those who emigrated after they had been compelled (to say words of disbelief) and thereafter fought (for the cause of Allah) and were patient – indeed, your Lord, after that, is Forgiving and Merciful. On the Day when every soul will come disputing (pleading) for itself, and every soul will be fully compensated for what it did, and they will not be wronged (treated unjustly) ([43]).

The one who is forced to renounce Islam will be forgiven if he does righteous deeds afterwards. This refers to another group of people who were oppressed in Makkah and whose position with their own people was weak, so they went along with them when they were tried by them. Then they managed to escape by emigrating, leaving their homeland, families and wealth behind. Seeking the pleasure and forgiveness of Allah. They joined the believers and fought against the disbelievers, bearing hardship with patience. Allah tells them that after this, meaning after their giving in when put to the test, He will forgive them and show mercy to them when they are resurrected. Remember the Day when every person will come pleading, meaning a case in one’s own defence. It means no one else will plead on one’s behalf; not his father, not his son, nor his brother, nor his wife. On that Day every one will be paid in full for what he did, meaning what whatever he did, good or evil. And they will not be dealt unjustly, meaning there will be no decrease in the reward for good, and no increase in the punishment for evil. They will not be dealt with unjustly in the slightest way ([44]).

And the (of deeds) will be placed (open), and you will see the criminals fearful of that within it, and they will say, “Oh, woe to us! What is this book that leaves nothing small or great except that it has enumerated it?” And they will find what they did present (before them). And your Lord does injustice to no one 18:49.

Ayesha reported that a man came to the Holy Prophet and narrated to him that he had two slaves who called him a liar, were dishonest in their dealings and did not obey his orders. In retaliation he scolded them and also beat them. How then would his chastisement of his slaves be judged in relation to their misconduct. The Holy Prophet said, “The misdeeds of slaves will be weighed against the punishment which you inflicted on them if the two will be equally balanced, then the matter will be settled, but in case their crimes exceed your punishment it will be regarded as a favour bestowed on them by you. But, on the other hand, if the punishment awarded to them exceeds their misdeeds, then you will be made subject to punishment and retaliation for your excess. Then the man rose and sat down in a corner and started weeping. The Holy Prophet asked him, “Have you read verse 21:47?” Then the man said, ‘I have no choice but to free my slaves so that I may escape accountability on the Day of Judgment’ ([45]).

On the Day of Resurrection, We will set up just and accurate balances so that no one will be wronged in the least in anyway; even if it be an act equal in weight to grain of mustard seed, We will bring it forth (to be weighed) and We suffice for reckoning ([46]).

The verse 21:47 of the Qur’an mentions about weighing of actions on the Day of Judgment and the scales to be used for this purpose.  The Arabic word Mizan may be translated as balance or scale. The word mavazeen is plural of Mizan, which is used in this verse. In this connection some commentators are of the view that for measuring deeds and actions many balances or scales will be used. Different equipment may be used for different individuals, or different balances may be used for different types of deeds. But majority of scholars agree that there will be only one balance. To weigh all the deeds, and that the word has been used in plural because it will serve the purpose of many balances and measure the deeds of all the children of Adam. The Arabic word Qist means justice and fairness. Thus, the meaning of verse is that the balance will measure fairly and justly and no injustice will be done to anyone ([47]).  

Salman reported that the Messenger of Allah said, “The balance that will be used on the Day of Judgment for weighing deeds and actions will be so enormous in size and span that it will enclose the earth and the sky within its fold for measurement” ([48]).

Anas reported that the Holy Prophet said, “An angel will be posted on the balance and every person will be brought before it. In case good deeds overweigh his sins, the angel will announce loudly, which every one present will hear, that so and so has passed one’s test anf now he will never be deprived of anything. And if the sins of a person overweigh his virtues, then the angel will announce that the wretched so ans so has failed his test and has been made destitute forever ([49]).

Just imagine the scene on the Day, when We will summon every community with its leader: then those, who will be given their records in their right hands, will read their records and will not be wronged in the least; on the other hand, the one, who leads his life in this world as if he were blind shall be blind in the Hereafter, nay, he shall fare even worse than a blind person in finding the way ([50]).

The word Imam in the first sentence of verse 17:71 means the book of deeds or the clear book. The book is called Imam because in the event of some error or difference, one turns to the book very much like turning to a religious leader who is followed.  Eminent religious scholars such as Qurtubi and Maulana Ashraf Alin Thanvi agree to this point of view.

Abu Hurairah reported that explaining the verse 17:71 the Holy Prophet said, “One of them will be called and his book of deeds will be given in his right hand ([51]).

Some religious scholars insist that the meaning of Imam in this verse is leader, especially religious leader including Prophets and Messengers.

It is almost consensus of religious scholars that true believers shall get their books in right hands. Each believer will read one’s book with delight and pleasure and will invite other people to read his book. The book of deeds to disbelievers will be given in left hand.

In fact, for the one who comes before his Lord as a criminal, there shall be Hell, wherein he shall neither live nor die. As for the one, who comes before Him as a Believer, who has done good deeds, all such people will have the highest ranks for them. They will dwell for ever in the evergreen gardens beneath which canals flow. Such is the reward of the one who adopts purity ([52]).

The punishment mentions in verse 20:74 is the most terrible of all the punishments that have been mentioned in the Qur’an. The criminals will prefer death to the horrible life in Hell, but death will not come to him. He will remain in that state of agony without any hope of relief from it ([53]).

The earth will shine forth with the light of her Lord and the conduct book will be laid open, and the Prophets and the witnesses shall be brought in, and the people shall be judged with full justice, and none shall be wronged…(After this Judgment) those who had disbelieved, shall be driven towards Hell, in groups, till, when they have reached there, its gates will be opened, and its keepers will say to them, “Did not Messengers come to you from among yourselves, who recited to you the Revelations of your Lord, and warned you that you shall have to encounter this Day? They will reply, “Yes, they did come, but the sentence of punishment proved true against the disbelievers.” It will be said, “Enter the gates of Hell, to dwell therein for ever. What an evil abode for the arrogant! ([54]).

‘The witnesses:’ those who will bear witness to the effect that the Message of Allah has been conveyed to the people as well as those who will bear witness to the acts and deeds of the people. It is not necessary that these witnesses will be only human beings. The angels, the jinn, the beasts, men’s own limbs, their dwelling places and the trees and stones, will all be included among the witnesses ([55]).

The verse 39:69 of the Qur’an reveals that the Prophets and the witnesses will be brought. It means that, at the time of the reckoning of the Plains of Resurrection, there will be present all Prophets as well as all other witnesses. The Prophets themselves will also be among the witnesses (4:41), and angels too will be among the witnesses (50:21) where the identity of the driver and the witness has been clearly established as beings the angels. And among the witnesses, there will be the followers of the Prophet Muhammad (22:78). Moreover, one’s own body limbs will appear as witnesses (36:65). ([56]).

The above verses of the Qur’an reveal that as against the throngs of unbelievers driven to the Hellfire, the believers will arrive in groups: scholars, the Qur’an reciters, and martyrs. The rendering as, ‘and its gates will have already been opened,’ is in view of the Quranic statement verse 38:50. It is important to mention here that while crossing the Bridge they will be held on it between Hell and Paradise due to some sins which they committed while they were in this world. They will be cleansed. After the cleansing, the believers will know their dwelling places in Paradise better than one knows one’s house in this world.

Here witnesses may be in connection with the conveying of Allah’s Message to the people by Prophets and specially by the Last Prophet on whom Allah completed Din and witnesses to the acts and deeds of people. The witnesses may include human beings, the angels, the jinn, the animals, the plants, one’s dwelling places, and even one’s body parts and limbs.

Allah will subject to reckoning every single individual simultaneously, and the hearing of one case will not make Him so occupied as to render Him unable to hear other countless cases at the same time. Then, in His Court no delay also will be allowed to take place due to any difficulty in the investigation of the facts of the case and the availability of the witnesses. The Judge of the Court will Himself be aware of all the facts directly. Each party in every case will stand completely exposed before Him and clear, undeniable evidence of the events and deeds, with each minor detail, will come forward without any delay. Therefore, each case will be settled and decided instantaneously.

Believers and non-believers cannot be alike: non-believers and disbelievers are the worst of all creatures, and the the true believers are the best of the creatures. Why it is so? All creatures, both animate and inanimate are working according to the guidance given to them by Allah, and they never deviate from it. But the non-believers and disbelievers not only reject the way of life prescribed by Him, but also create hurdles for others. True believers spend their lives strictly in accordance with the Way of Life prescribed by Allah; observe patience at the time of hardships, ordeals and difficulties; become thankful whenever they receive any reward from Allah; stand firm in the struggle for the sake of Allah; and patiently weight for the rewards of their good deeds in the Hereafter, therefore, they are better than all creatures including Angels.

Angels will accompany believers continuously from the time of Resurrection till their entry into the paradise. Ranks of believers in the paradise will be according to their firmness of belief and the quantity and quality of good deeds. They will enjoy eternal blessings in the Paradise: lush green Gardens, diversity of delicious and colorful and aromatic fruits, flowing canals of pure and sweet water, abundance of milk and honey, beautiful birds, spacious and beautiful palaces and tents, sincere friends, beautiful life partners, healthy and beautiful attendants, dresses of pure silk, utensils made of silver and gold, and most suitable physical environment and wonderful social conditions, and above all the assurance of total security from grief and afflictions and from all kinds of dangers etc.

Non-believers, hypocrites, and polytheists will be dragged into the hell and they will remain in it for ever in miserable condition. They will be given Zaqqum and thorny grass to eat, and an extremely hot liquid-like pus of wounds to drink. They will be immersed in the fire. Moreover, the social environment will be very bad and troublesome.

On the Day of Judgment everyone will be accountable in one’s individual capacity (all alone). All the people will be given their deeds in full details. Not an atom’s weight of good or evil done by a person will have been left unrecorded in one’s conduct (deeds) book. Even an insignificant good has its own weight and value. Likewise, even a most ordinary evil will be considered and taken into account. In this regard Adi bin Hatim reported that the Holy Prophet said, “Save yourself f from Hell fire even if it be by giving away a bit of a date, or by uttering a good word.” (Bukhari, Muslim). In another tradition reported by him the Messenger of Allah said, “Do not look upon any good work as insignificant, even if it be emptying a bucket into the vessel of one asking for water, or receiving a brother of yours with a pleasant face.” Likewise, the Holy Prophet said, “O Ayesha, abstain from the sins which are looked upon as trivial, for they too will be enquired about by Allah.” (Musnad Ahmad, Nasai, Ibn Majah). “Beware of minor sins, for they will gather together on a person, so much so that they will kill him” ([57]).

Allah by His infinite mercy forgives minor sins, trivial offences, or trifling faults of believers if they adopt piety and abstain from major sins. But, if one commits wicked and heinous sins, then one has to render an account of trivial offenses as well. The intensity of the sin increases in proportion to the sanctity of the right that is violated. The gravity of the sin increases in proportion to the impudence that is shown towards Allah in disobeying and disregarding His Law. The gravity of the sin of cutting off of a connection with others increases in proportion to the importance of the relation. Fornication in its different forms in itself a heinous sin, but the sin of adultery committed by a married man is far more heinous than that committed by an unmarried man. Likewise, adultery with a married woman is a far greater sin than fornication with an unmarried woman. Sexual intercourse with the woman of a neighbour is far more heinous than with others. The sin committed in the mosque is far severer than elsewhere.

In fact, the deeds of the disbelievers and non-believers will be rendered vain; they will receive no reward for them in the Hereafter; they may receive them in this world.

The siful believers will be punished to the extent that sins have been committed, but the good deeds will be rewarded much more generously (tenfold to unlimited based on Allah’s Will) than what they actually deserve. Minor sins and ordinary offenses of believers will be forgiven provided they abstain from major sins. It is evident from a number of traditions of the Holy Prophet that misery, disease, accidents, etc. one experiences in this world will compensate for minor sins that one happened to commit. Whatever one did good in this world will have its reward in the Hereafter.

Divine justice refers to the absolute and perfect justice of Allah. It encompasses the belief that Allah is just and fairin His actions and decisions, rewarding righteousness and punishing wrongdoing. We believe in the Day of Judgment, where ultimate justice will be done, and every individual will be held accountable for one’s deeds ([58]).

The Qur’an declares that Allah Almighty is just and He does not do injustice to His creatures, especially to human beings, but generally, human beings do injustice with others and with themselves. Allah not only do justice but is generous and merciful as well.

Indeed, Allah does not do injustice (even) as much as an atom’s weight; while if there is a good deed, He multiplies it and gives from Himself a great reward ([59]).

In verse 4:40 Allah states that He does not treat any of human beings with in injustice neither in this world nor in the Hereafter. In the Hereafter He will not only provide justice but His mercy as well to the believers in a number of ways.

Indeed, Allah does not wrong the people at all, but it is the people who are wronging themselves ([60]).

It is evident from verse 10:44 that ‘Allah does not wrong mankind’ because He gives them ears to hear eyes to see and hearts to feel and ponder, and everything that is required to enable them to discriminate between right and wrong, truth and falsehood; but mankind wrong themselves by refusing to make the right and proper use of their faculties and by following their lusts and enjoying the things of this world. Naturally, this has made their eyes so blind and their ears so deaf and their hearts so dead that are incapable of distinguishing between right and wrong, good and bad, for their conscience has also become dead ([61]).

Abu Gharr reported the Prophet Muhammad related that His Lord said, “O My servants! I have prohibited oppression for Myself and made it prohibited for you, so do not oppress one another. It is but your deeds that I reckon for you and then recompense you for. So let him who finds good (in the Hereafter) praise Allah. And let him who finds other than that blame no one but himself ([62]).   

And He gave ou from all you asked of Him. And if you should count the favour (blessings) of Allah, you could not enumerate them. Indeed, mankind is (generally) most unjust and ungrateful ([63]).

Allah mentions some of His Tremendous Favours in verse 14:34 and at various other places in the Qur’an in different contexts towards human beings. We are not in a position to count them and it is beyond our capacity to thank Him even for single favour or blessing. Some of His favours and blessings include, creation of earth as bed for human beings and other creatures; earth is working like mother and providing everything which is needed for their nourishment, and growth development – food, drinks, medicines, shelter, etc. Allah sends down rain, which transforms dead earth to live one. If you sow one seeds after some time it provides thousands of fruits and seeds for long time regularly depending their productive life in case of trees and in hundreds of grains in case of seasonal crops. All green selected plants work as automatic food production and manufacturing factories. Moreover, earth is providing shelter to human beings and animals and also proving habitat for the plants. There are great signs in the alteration of days and night and in the change of seasons. Allah made the ships sail on the surface of water by His command, and ships and boats are had been used for different purposes by human beings throughout human history from ancient to modern era in different parts of the world. He created rivers that play an important role in the distribution of water in different parts of the earth. The oceans, the mountains, the rivers and other water bodies, and the sun and the moon are playing an important role in the hydrological cycle on the biosphere of the earth. We can conclude that Allah not only provides justice to every creature but goes much beyond due to His mercy and Divine providence.

Indeed, your Lord will judge between them by His (wise) judgment. And He is the Exalted in Might, the Knowing ([64]).

The statement ‘between them’ in verse 27:78 means between the disbelievers of the Quraish and the believers ([65]).

Allah Almighty will decide between them on the Day of Resurrection of His Judgment that is His justice; He is the knower of what He judges and none will be able to oppose Him in the way that the disbelievers have opposed His Prophet in this world.

Then as for he who is given his record in his right hand, he will be judged with an easy account. And return to his people in happiness. But as for he who is given his record behind the back, he will cry out for destruction and (enter to) burn in Blaze ([66]).

The verses 84:7-9 describe the condition of the believers. Their books of deeds will be given to them in their right hands. An easy reckoning will be taken from them and the welcome news of Paradise will be given to them. They will return to their families joyfully. The deeds of the believers will also be presented before Allah, but by virtue of their faith, not all of their actions will be scrutinised. This is referred to as ‘account in an easy manner.’ The words, ‘he will go back to his people joyfully’ may be interpreted in one of two ways. This may refer to the Houris who will be his family members in Paradise, or it may refer to his family members in the world who will be present in the Plain of Gathering, and he after knowing about his success, will impart to them, according to the custom of his life, the welcome news of his achievement. On the other hand, those who will be given their Record in their left hands from behind their backs, they will desire death and destruction under under the impression that this might end their misery. But it will not be possible for them to die. One of the reasons given here for his misery is that he used to live joyfully among his people in the world, and he was completely oblivious of the Hereafter. The believers, ,  on the other hand, never for a moment were oblivious of the Hereafter in the life of this world. At every moment of pleasure and comfort, they were anxious and worried about the Hereafter. They lived among their families and yet were fearful and conscious of the Hereafter The consequences of two groups will be appropriate to their respective positions. Those who led a life of luxury and pleasure in this world with their families oblivious of the Hereafter, their position will be punishment of Hell in the next world. Those who were aware of reckoning and feared punishment in the next world will live with their families in eternal luxury, pleasure and happiness. This indicates that a believer should not be immersed in the comforts of this life. At no time and in no circumstance should he be oblivious to the reckoning of the Hereafter ([67]).

That is, his reckoning will be less severe: he will not be asked why he had done such a thing and what excuses he had to offer for it. Though his evil deeds also will be there along with his good deeds in his records. His errors will be overlooked and pardoned in view of his outweighing good deeds. In the Holy Qur’an, for the severe reckoning of the wicked people the words su-al-hisab (heavy reckoning) have been used (13:18), and concerning the righteous it has been said: “From such people We accept the best of their deeds and overlook their evils (46:16). The explanation of it given by the Holy Prophet has been related in different words in Musnad Ahmad, Bukhari, , Muslim, Tirmidhi, Nasai, Abu Dawud, etc. on the authority of Ayesha. According to one of these traditions the Holy Prophet said, “Doomed will be he who is called to account for his deeds.” She said, ‘O Messenger of Allah, has not Allah said: He whose record is given in his right hand shall have an easy reckoning?’ The Holy Prophet replied: That is only about the presentation of the deeds, but the one who is questioned would be doomed.” In another tradition Ayesha has related: “I once heard the Holy Prophet supplicate during the prayer, thus: O Allah, call me to a light reckoning. When he brought his prayer to conclusion, I asked what he meant by that supplication. He replied: Light reckoning means that one’s conduct book will be seen and one’s errors will be overlooked. His kinsfolk means his family and relatives and companions who will have been pardoned even like him.  

In verse 69:25, it was said that his record will be given him in his left hand here ‘behind his back.’ This will probably be for the reason that he would already have lost all hope that he would be given his record in his right hand, for he would be well aware of his misdeeds and sure to receive his record in his left hand. However, in order to avoid the humiliation of receiving it in the left hand, in front of all mankind, he will withdraw his hand behind and so would receive it ‘behind his back.’ That is, his way of life was different from that of Allah’s righteous men, about whom in verse 52:26, it has been said that they lived among their kinsfolk in fear and dread of Allah, i.e. they fear lest they should ruin their own Hereafter on account of their absorption in the love of children and endeavours for the sake of their well-being and prosperity in the world. On the contrary, this man lived a life free from every care and worry and helped his children and kinsfolks also to enjoy life fully, no matter what wicked and immoral methods he had to use to procure the means of enjoyment, how he had to usurp the rights of others and transgress the bounds set by Allah for the sake of the worldly pleasures. It was against Allah’s justice and His wisdom that He should overlook the misdeeds that he was committing and should not summon him before Himself to render his account of the deeds ([68]).

Ayesha reported that the Holy Prophet said, “He who is required to account for 9or questioned about) his deeds will have to be punished.” She asked, ‘what is the meaning of verse 84:8 – he will be called to account in an easy manner? The Holy Prophet explained, the verse signifies ‘the deeds will merely be presented before Allah without being questioned. As for the person whose deeds are scrutinized, he will never be able to escape torment.’” ([69]).

That Day, the people will depart separated (into categories) to be shown (the result of) their deeds So whoever does an atom’s weight goods will see it. And whoever does an atom’s weight of evil will see it ([70]).

The statement in verse 99:6 ‘to be shown their results of their deeds’ has two meanings. The first meaning is that they are shown deeds – each one told what one did in the world; and the second meaning is that they are shown the rewards of their deeds. Although the second meaning can also be taken of the world li-yurau’ a’malahum, Allah has not said li-yurau’ jaza’a a’malahum  (so as to be shown the rewards of their deeds) but li-yurau’ a’malahum (so as to be shown their deeds). Therefore, the first meaning only is preferable, especially when at several places in the Qur’an it has been stated clearly that the disbeliever and the believer, the righteous and the wicked, the obedient and the disobedient, all will be given their records. When the earth will narrate whatever had happened on her, the whole picture of the conflict between the Truth and the falsehood that has been raging since the beginning of time and will continue to rage till the end, also will appear before the people and they will see what part the truth-loving people played in it and what vile deeds did the supporters of the falsehood commit against them. It may well be that the people will hear with their own ears all the speeches and dialogues of the callers to right guidance and of the publicists of error and evil; the whole record of the writing of the writings and literature produced by the two sides will be placed intact before them, and the people gathered together in the Plain of Assembly will see with their own eyes the persecution of the lovers of Truth by the worshippers of falsehood and all of the scenes of the bitter conflict that raged between the two parties ([71]).

A simple and straight forward meaning of the statement ‘whoever does an atom’s weight goods will see it, and whoever does an atom’s weight of evil will see’is right and correct, is that not an atom’s weight of good or evil done by a person, will have been left unrecorded in one’s conduct book of book of deeds. And he will see it in any case. The deeds of disbelievers, idolaters and hypocrites (the deeds regarded as virtuous) have been referred vain; they will receive no reward for them in the Hereafter; if at all they deserve a reward for them, they will receive it here in the world. Second, that evil will be punished to the extent that evil has been committed, but the good deeds will be rewarded much more generously than what they will actually deserve. At some places it has been explicitly stated that a good act will have a tenfold reward for it, and at others that Allah will increase the reward of the good act as much as He will please. Third, that if the believers abstained from major sins, their ordinary offenses will be forgiven. Fourth, that the righteous believer shall have an easy reckoning, his evils will be overlooked and he will be rewarded according to one’s best deeds ([72]).

The statement in the verse ‘on that Day people will depart separately or go forth in separate states means that each person will present himself in one’s individual capacity (all alone), and no one will bear the burden of the other. The statement ‘be shown their deeds’ means each one will be told what one did in this world or they will be shown the rewards or punishments of their deeds. On that there will be various witnesses in their favour or against them. These witnesses will include one’s body organs, especially senses, the skin, the earth in addition to the documentary proof written by two angels. The statement in verse 99:7 means that the pious deeds of a believer will be placed on one side and the evil or bad deeds be placed on the other side of the very sensitive weighing machine which will correctly weight the smallest unit of weight such as atom or even can measure the weight of subatomic particles. The unique scale of Allah on the Day of Judgment will not only take into consideration the quantity of the deed but the quality as well. It is important to mention here that the deeds of nonbelievers and disbelievers will receive no reward in the Hereafter, because Allah Almighty gives them full reward of their good deeds in this world in the form of wealth, medals, status, name and fame, etc. It is mentioned in a number of verses of the Qur’an in different contexts (7:147, 9:17, 9:67-69, 11:15-16, etc.).

3.2. Social Justice (Al-Adl al-Ijtima’i)

The idea of justice is very much diversified, and, therefore, it has been classified from four to seventeen categories by different scholars.  In broad sense, most of the categories of justice come under social justice. Prophet Muhammad not only provided perfect framework of social justice but also gave an excellent strategy of its establishment under diverse spatial and temporal conditions, and in multi-religious, multi-ethnic, and multi-cultural communities or countries.

The Qur’an refers to at least seven important dimensions of social justice) which leads to meaningful peace in society: (i) Tauhid or Unity of Allah; (ii) rule of law and equity, and value of human life; (iii) political liberty and freedom; (iv) rational behaviour; (v) gender relations; (vi) religious freedom and pluralism and (vii) legal justice. These seven dimensions of justice are universal ethical principles, which provide solid ground for a global dialogue leading to realization of peace, mutual understanding and cooperation. These principles also allow the development of a pluralistic world with recognition and respect of religious liberty, respect and promotion of human life, transcendence of reason over dogmatism or rigid traditionalism ([73])

 3.2.1. The concept of social justice

John Rawl postulated a theory of social justice which is commonly referred as “Justice as fairness.” According to him social justice is about assessing the protection of equal access to liberties, rights and opportunities, as well as taking care of the least advantaged members of society. His theory does not cover local justice or global justice. David Miller’s Principle of social justice deals with the distribution of good (advantages) and bad (disadvantages) in the society. According to him social justice is much broader than distributive or retributive justice of punishment. Some mechanisms used by the state to assure social justice include property laws, taxes, health care, and criminal punishments ([74]).

Social justice in Islam entails ensuring fairness, and equality among members of society. It involves addressing social inequalities, protecting the rights of individuals, and providing opportunities for all to thrive regardless of their background. This type of justice includes economic justice, legal justice and environmental justice ([75]).

Some scholars define social justice as the equality of all persons in a society, with no discrimination on the grounds of faith, caste, creed, colour, sex, or status. Other scholars insist that social justice entails allocating each person’s fair piece of social pie. Other scholars argue that social justice is the equitable distribution of social benefits and rights based on the rule of law and justice.

The concept of social justice becomes clear from the Greatest Universal Charter of Human Rights, which was given by Prophet Muhammad as a sermon to a big gathering of Muslims at the occasion of performing of Farewell pilgrimage. No Arab is superior to a non-Arab, nor is a non-Arab superior to an Arab; the black is not higher than white, nor is white higher than black; there is only one standard of dignity and superiority, and it is piety. O people of the Quresh! Allah has extinguished your false pride. There is no reason for you to take pride and feel pleasure over the achievements of your ancestors. O people! Your blood, wealth and honour have been prohibited to one another, forever. If a trust is deposited with anyone, he is bound (by law) to return the trust to the depositor. Look after your slaves, yes look after your slaves; give them to eat what you eat yourselves and give them the same clothing as you put on yourselves. O people! Allah has Himself assigned the right to every right holder. Hence no one should assign in his will any right to his heir. Who so changes his parentage or a slave who declares as his master anyone other than his real master, upon him be the curse of Allah. Debt is liable to be paid; a thing borrowed must be returned. It is not lawful for anyone to take anything from his brother, save by his consent and free will. It is unlawful for a woman to give her husband’s wealth to anyone without his permission. Look! Your women have rights over you. Similarly, they owe obligations to you. Treat the women in a better way.

Muhammad established a unique judicial system in which he has given guidelines for the plaintiff and defendant, the judge and the witness. In Islam, in certain cases if the plaintiff fails to prove his claim, is punished as per rules and regulations. The judge should make his decision with justice. Allah loves those who act justly. Those who do not judge according to the Law which Allah has revealed are disbelievers, unjust and transgressors. Moreover Prophet Muhammad (PBUH) has given certain instructions to the judges in making decisions. For example, Abu Bakrah reported the Messenger of Allah said, “No judge shall pass a decree between two men while he is angry (Bukhari, Muslim). With regard to witness the Holy Qur’an says, “O Believers, be steadfast in righteousness and just in giving witnesses for the sake of Allah; the enmity of any people should not so provoke you as to turn you away from justice. Do justice for it is akin to piety. Fear Allah (in your affairs); indeed, He is fully aware of what you do (5:8).

In Islam, the foundation of social justice rests on the belief that all human beings are equal and constitute one single fraternity (Maududi). Social justice consists of three components: complete equity in social and legal matters; equity in political system; and economical justice (Dr. Israr). According to Sayyid Qutb the foundation of social justice in Islam, rests on freedom of conscience, human equality, and mutual responsibility. Its elements include equitable distribution of wealth and economic resources, provision of social security and protection of weak against the strong.

The framework of social justice formulated by Prophet Muhammad (PBUH) includes beliefs, mutual responsibilities and rights, political and administrative and economic aspects, judicial system, and economic justice.   

3.2.2. Justice in mutual duties and rights

O mankind, fear your Lord, Who created you of a single soul, and of the same created his mate, and from that pair spread countless men and women over the earth; fear that Allah in whose name you demand your rights from one another, and abstain from violating relations between kinsfolk; note it well that Allah is watching you very closely ([76]).

Man is a social being, therefore, is bound to observe certain rules and regulations in the society. Prophet Muhammad has clearly described duties and rights of every one such as that of father, mother, sister, brother, friend, neighbour, relative, ruler, administrator, teacher, student, junior, senior, landlord and tenant, labour and industrialist, and master and servant.

In this connection, traditions of Prophet Muhammad reported by Abdullah bin Omar, Anis, Numan bin Bashir, and Abu Musa are mentioned here. Messenger of Allah said, “Behold! Each one of you is a king, and each one of you will be asked about his subjects. A leader is a king over the people and he will be asked about his subjects; a man is a king over the members of his household and he will be asked about his subjects; a woman is a queen over the members of the household of her husband and of his children, and she will be asked about them; a servant of a man is a king over the property of his master, and he will be asked about it. Behold! Each one of you is a king, and each one of you will be asked about his subjects” (Bukhari, Muslim).   “No one’s faith among you is reliable until he likes for his brother (in Islam) what he likes for himself.” (Bukhari, Muslim).  “The believers, in their mutual kindness, compassion and sympathy are just like one body. When one of the limbs suffers, the whole body responds to it with wakefulness and fever.” (Bukhari, Muslim). “The relationship of believers is like (the bricks of) a building, each strengthens the other.” He illustrated this by interlacing the fingers of both of his hands ([77]).

The critical analysis reveals that if everyone performs his duties properly, he or she not only fulfils the rights of others and the requirements of justice but also creates some buffer area to avoid all sorts of conflicts, clashes, and disharmony in the family, among the relatives, friends and colleagues and in the community as a whole. In this way justice is established at all levels and in all segments of the society. 

 3. 2.3. Justice in political and administrative matters

O Muslims, Allah enjoins you to give the trusts into the care of those persons who are worthy of trust and judge with justice, when you judge between the people. Excellent is the counsel that Allah gives you, for Allah hears everything and sees everything ([78]).

Abu Zarr said, “O Messenger of Allah, will you appoint me a collector? The Messenger of Allah struck upon my ankles with his hand and said, ‘O Abu Zarr, you are a weak man while it is a trust; and it will be disgrace and repentance on the Resurrection Day except for one who takes it duly and fulfils what is entrusted to him therein. O Abu Zarr! Verily I find you weak and I love for you what I love for myself. Don’t rule over men and don’t be a guardian over the property of an orphan’” ([79]) 

Abu Mua reported, “We went to the Prophet, I and two of my cousins. One of them said.’ ‘O Messenger of Allah, make me governor of some land over which Allah gave you power. The other said like that. The Prophet said, ‘By Allah, we appoint none in this post who seeks it, nor anyone who is greedy for it” ([80]).

Mu’az said, “The Messenger of Allah sent me to Yemen, when I took the journey, he sent after my footstep and I was made to return.  The Messenger of Allah said, ,Do you know why I have sent for you?’ You must not take anything without my permission, because that will be a breach of trust. Whoso commits breach of trust will come on the Resurrection Day with that what he committed breach of trust. For this, I have called you. Go now with your appointment” ([81])

Muwayiah reported that the Messenger of Allah said, “O Muwayiah if you are invested with administration, fear Allah and do justice” ([82])

Other traditions on this aspect have been reported by Abdur Rahman bin Samorah, Abu Omamah, Ibn Omar, Ayesha and, Yahya bin Hashem:

Messenger of Allah said, “Don’t seek to rule because if it is given to you for asking, you will be entrusted to it; and if it is given to you without asking, you will be aided therein” (Bukhari, Muslim). “When a ruler seeks to have doubt in men, he makes them revolt” (Abu Daud). “Verily the Sultan is a shade of Allah on earth. Every oppressed man out of His servants takes shelter to him. When he administers justice, there is reward for him, and there is gratitude on the part of the subjects; and when he oppresses, there is sin on him, and there is then patience upon the subjects” (Baihaqi). “O Allah! Whoso is given power over any of the affairs of my people and then he gives trouble to them, give trouble to him; and whoso is given power over any of the affairs of my people and then he shows mercy to them, show mercy to him” (Muslim).

It is evident from the Holy Qur’an and the traditions of Prophet Muhammad that the leadership or the positions of responsibilities should be given on the basis of competency and honesty, and not to those who have desire for that. The officers are bound to work according to the rules and regulations without any fear and fever and establish justice in their respective jurisdictions. The rulers and administrators should avoid of having doubt on people, such attitude is against the justice and leads towards disobedience by the people. Public should not revolt against their rulers for their personal interests, and rulers are bound to do justice and try their level best to work for welfare of the people. The public is also bound to be obedient to its rulers and administrators. For example, Abu Hurariah reported that the Messenger of Allah said, “Whoso obeys me obeys Allah; and whoso disobeys me, disobeys Allah; and whoso obeys ruler, obeys me; and whoso disobeys a ruler, disobeys me ([83]).

If public and those in authority work according to these instructions, social justice can be maintained at every level in the country.   

3.2.4. Justice with weak segments of society

Prophet Muhammad has clearly defined the duties of all concerned towards the weak segments of the society such as orphans, servants and labourers, and women.

Restore to the orphans their property, and do not exchange your worthless things for their valuable things, and do not devour their property by mixing it up with your own; for it is a great sin ([84]).

In verse 4:2 Allah directs the guardians of the orphans to spend of the latter’s property while they are still minors, and and to restore it to them when they reach the age of adolescence. The order not to exchange the bad for the good has several meanings. On the one hand, it means that one should not replace honest by dishonest living. At the same time, it also means that one should not exchange one’s own property which is of little value for the more valuable property of the orphans ([85]).

And go on observing and testing the orphans until they reach the marriageable age: then if you perceive that they have become capable, deliver to them their property. Be on your guard against devouring their property unjustly and wastefully and hastily lest they should grow up to demand it. If the guardian of an orphan is rich, let him abstain from the orphan’s property and if poor, let him eat of it fairly. When you hand over to them their property, then have some people to witness it, and Allah suffices as Reckoner ([86]).

The verse 4:6 of the Qur’an provides guidance to guardians about one’s duties towards orphans. Test well the orphans before reaching maturity with regard the duties of religion and before they can legally manage their own affairs until they reach the age of marrying that is until they have become eligible for it through puberty or legal age; then if you perceive in them maturity that is right judgment in matters of religion and their property deliver their them; consume it not O guardians wastefully without due merit and in haste that hastening to expend it fearing lest they should grow up and become mature at which time you will be obliged to hand it over to them. If any man who is guardian is rich, he should abstain from using or consuming the orphan’s property; if he is poor let him consume of it in line with the wage of his work. When you deliver the property to orphans take witness over that ([87]).

It is evident from verse 4:6 of the Qur’an that when orphans approach their adolescence stage their mental development should be watched so as to determine to what extent they have become capable of managing their own affairs. Two conditions have been laid down for handing over the charge of their properties to such people. The first of these is the attainment of puberty, and the second is that of mental maturity – the capacity to manage their affairs in a sound and appropriate manner. There is full agreement among Muslim jurists with regard to the first condition. As for the second condition there are some differences of opinion. The guardian is entitled to remuneration for his service. The amount of the remuneration should be such as is deemed to be fair by neutral and reasonable people. Moreover, the guardian is instructed that he should take a fixed and known amount by way of remuneration, that he should take it openly rather than secretly, and that he should keep an account of it ([88]).

Do not go near the property of an orphan except in the best manner until he reaches the age of maturity. And fulfil every commitment. Indeed, the commitment is ever (that about which one will be) questioned ([89])

The verse 17:34 of the Qur’an mentions about the protection of properties owned by orphans and the observation of caution in their handling. The statemen ‘And do not go even near the property of orphans’ is of great significance. Those who are charged with the protection and management of the properties of the orphans are duty-bound to observe utmost caution therein. When spending, they should spend only in the interest and to the advantage of orphans and absolutely not as based on their whim or lack of concern. And this pattern of management is to continue until such time when orphaned children grow up and become capable of protecting their property themselves. The lower limit is when they attain the age of about fifteen years while the higher is eighteen years. The second thing is fulfilling of commitments or Covenants and their implementation of Contracts. There are two forms of the covenants. The first form has two aspects: Between Allah and His servants, like the covenant of the servants in eternity that Allah is their Lord. This covenant necessarily results in obedience to His injunctions and the seeking of His pleasure. This is a covenant every human being has made in eternity irrespective of whether one is a believer or a disbeliever. The second covenant is the covenant of a believer made through a statement – there is no god but Allah, the outcome of which is a perfect following of Divine injunctions and the seeking of His pleasure. The second form of the covenant takes effect between human beings themselves. This includes all treaties, pacts, agreements, pledges and contracts – political, commercial, or transactional – that are made between individuals or groups or institutions all over the world. The fulfilment of all covenants is obligatory on human beings ([90]).

It is evident from verse 17:34 that this was not merely a moral instruction. When the Islamic state was established, legal and administrative methods were adopted to safeguard the rights of orphans, the details of which are found in the literature of Hadith and Fiqh. This principle was extended to cover the cases of all those citizens who were unable to safeguard their own rights. The Prophet Muhammad himself declared: I am the guardian of the one who has no guardian. And this is the basis of many rules and regulations of the Islamic law.

Fulfilment of pledges was not meant to be merely a moral instruction for individuals but afterwards when the Islamic state was established, this became the guiding principle for the conduct of all internal; and external affairs by the Muslim community and the Islamic government ([91]).

Paradise is sure for one who maintains an orphan; the one who passes his hand out of sympathy on the head of an orphan will get virtues to the proportion of hairs on which his hand has passed. The best house is one in which an orphan is well treated and the worst house is one in which an orphan is badly treated ([92]).

Prophet Muhammad said, “Pay the labourer his wages before his sweat dries up ([93]).

Justice with weak segments of society, in Islam was so evident that even non-Muslims impressed by it. In this regard a few statements of non-Muslim intellectuals, eminent writers and philosophers are as follows: 

The Prophet of Islam was a man inspired with deepest human feelings and his heart always beat in unison with the suffered and the afflicted (David De Santilon). “Take away that black man! I can have no discussion with him, exclaimed the Christian Archbishop Cyprus when the Arab conquerors had sent a deputation of their ablest men to discuss terms of surrender of the capital of Egypt headed by Negro Ubadah as the ablest of them all.” To the sacred archbishop’s astonishment, he was told that this man was commissioned by General Amr; that the Muslims held Negroes and white men in equal respect judging a man by his character and not by his colour. “Well, if the Negro must lead, he must speak gently, ordered the Prelate, so as not to frighten his white auditors.”  “Replied Ubadah: There are thousand blacks, as black as myself, amongst our companions. I and they would be ready to meet and fight a hundred enemies together. We live only to fight for God, and to follow His Will. We care naught for wealth. This world is naught for us, next world is all.” (S.S. Leader). Islam brought two major changes to ancient slavery which had far-reaching consequences. One of these was the presumption of freedom; the other, the ban on the enslavement of free persons except in strictly defined circumstances. The position of Arabian slaves was enormously improved (Race and Slavery in the Middle East by Bernard Lewis, 1994). Women status in the pre-Islamic Arabia was poor such as female infanticide, unlimited polygamy, patri-lineal marriage etc. (Turner Barian, 2003). Compared to pre-Islamic position of women, Islamic legislation meant an enormous progress (Islam: An Introduction by Annemarie Schimmel, 1992). Muhammad by instituting rights of property ownership, inheritance, education and divorce, gave women certain basic safeguard (Watt).     

3.2.5. Justice with enemies

During the wars with the enemies, Prophet Muhammad (PBUH) forbade killing of women and children (Bukhari, Muslim); he advised not to kill the emaciated old, the young children and the women and deceive not the enemy (Abu Daud). In this regard the statement of a non-Muslim is worth mentioning. Prophet Muhammad said to his soldiers, “Do not use frauds and deceptions. Do not kill children. When you fight against the enemy, do not oppress the peaceful inhabitants of the country. Spare weak women. Have pity on suckling infants and the sick. Do not destroy the houses, do not overrun the fields. Do not devastate the orchards; do not cut down the date palm trees.” Such are the words, never heard before, words which resounded in the seventh century, from the courtyard of the Mosque of Madinah (Raymond Leronge).

3.2.6. Equity as basis of social justice

O Believers, be you the standard-bearers of justice and witness for the sake of Allah, even though your justice and your evidence might be harmful to yourselves, or to your parents, or to your relatives. It does

not matter whether the party concerned is rich or poor: Allah is their greater well-wisher than you; therefore, do not follow your own desire lest you should deviate from doing justice. If you distort your evidence or refrain from the truth, know it well that Allah is fully aware of what you do (4:135).

The words standard-bearers of justice are very significant. It means you have not only to do justice but have also to bear the standard of justice in order to eradicate injustice and establish right and justice in its place. As Believers, you have to gird your loins to support justice, whenever your support is needed ([94]).

Prophet Muhammad always emphasized on equity and equality in all matters. It is evident from the Qur’an and from his circulars, verbal instructions and sermons. Here it is not feasible to mention them due to lack of space, therefore, I intend to simply give the view point of some non-Muslim scholars and philosophers on this aspect.

If ever any religion approached to this equality in any appreciable manner, it is Islam and Islam alone (Swami Vivekananda). In his private dealings, Prophet Muhammad (PBUH) was just. He treated friends and strangers, the rich and the poor, the powerful and the weak, with equity, and was loved by the common people for the affability with which he received them, and listened to their complaints (Washington Irving). He proclaimed equality among human beings. Each Muslim was distinguished from other Muslims not by reason of birth or any other factor not connected with his personality, but only by fear of God, his good deeds, and his moral and intellectual qualities (Professor L.V. Veglieri). Whatever be the race, colour, rank or antecedents of the worshippers, he is received into the brotherhood of believer and takes his place as an equal among equal (Thomas Arnold).

 3.2.7. Strategy to implement social justice

Prophet Muhammad not only provided an excellent framework, but also gave a viable strategy for the establishment of social justice. He offered incentives for doing justice and warnings for deviation from it and prescribed penalties and punishments for different crimes and oppressions. He not only educated the masses verbally, but also demonstrated personally how justice is done under different situations. He also used force for the establishment of justice under specific situations.

The strategy to implement social justice includes Punishments as deterrence and insurance for rewards (stick and carrot policy); implementation by force;practical demonstration. There are briefly described below: 

On that Day men shall turn up in sundry groups to be shown their deeds. Then, whoever has done an atom’s weight of good, shall see it; and whoever has done an atom’s weight of evil, shall see it ([95]).

Traditions of Holy Prophet relating to incentives and warnings have been reported by Abu Hurairah, Abdullah bin Amr, Abu Sayeed Amr, Ayesha, Boraidah, Abdullah Abi Aufa, Abu Omamah, Abu Zarr, Omme-Salamah, Kheram bin Fatek, Khaulah al-Ansariyyah, Adi bin Amirah and Ma’qual bin Yasar. Messenger of Allah said, “When a judge wishes to pass a decree, and then strives hard and decides justly, there are two rewards for him; but when he wishes to pass a decree, and then strives hard but commits mistake, there is one reward for him (Bukhari, Muslim). “One who strives for the widows and the poor is like one who fights in the way of Allah (Bukhari, Muslim). “Verily the dearest of men near Allah on the Resurrection Day and the nearest of them before Him for company will be a just ruler, and verily the most disagreeable of the people near Allah on the Resurrection Day and one deserving of the most severe punishment and among them will be a tyrannical ruler (Tirmighi). “The foremost unto the shade of the Almighty and Glorious Allah on the Resurrection Day will be those who, when right is given, accept it, and when asked, spend it, and who dispense justice for the people like their doing justice to themselves (Ahmad, Baihaqi). “Judges are of three types: One kind will be in Paradise and the two in Hell. As for the one who will be is Paradise, he is a man who recognizes truth and gives a decree accordingly, and a man who recognizes truth but is unjust in decree is in Hell, and a man who passes decree for the people out of ignorance is in Hell (Abu Daud, Ibn Majah). “Verily Allah is with a judge so long as he is not unjust. When he is unjust, He goes off from him and the devil keeps attached to him (Tirmizi, Ibn Majah). “Whoso takes the right of a Muslim with his oath, Allah makes Hell sure for him and Paradise unlawful.” (Muslim). “Whoever claims what is not for him, is not of us and let him seek his abode in Hell (Muslim). “Two persons quarreled before Prophet Muhammad (PBUH) about their heritage without having any proof for them except their claims. He said, “To whomsoever I give a decree for anything out of the rights of his brother, I cut a slice of the Fire for him. The two men, each of them both, said, “O Messenger of Allah! this right of mine is for my companion, No he said, “but retire you both, and divide among yourselves and take the right as between two brothers and then divide it into two portions, and each of you then make it lawful for his companion out of you both” (Abu Daud). “False evidence has been made equal to the setting up a partner with Allah.” He repeated this thrice (Abu Daud, Ibn Majah, Tirmidhi). “Verily there are men who spend extravagantly the properties of Allah without just cause, there will be Hell for them on the Resurrection Day (Bukhari). “O you men! Whoever of you is appointed to a work for us and then conceals from us even a needle, or what is above it, is a treacherous man. Whoso is appointed to a position let him come with his little and his much. Then he shall take what is given to him, and he shall desist from what is denied to him” (Muslim, Abu Daud). “There is no ruler ruling over some Muslim subjects and then dies being displeased with them, Allah will make Paradise unlawful for him (Bukhari, Muslim). 

As for the thief, whether man or woman, cut off the hands of either of them: it is the recompense for what they have earned, and as an exemplary punishment from Allah; Allah is All-Powerful, All-Wise. But whoso after his iniquity reforms himself, Allah will surely turn towards him with favour; Allah is Forgiving and Compassionate. Do you not know that Allah is the Sovereign of the Kingdom of the Heavens and the Earth? He may punish whom He wills and may pardon whom He wills; He has power over everything ([96]).

Penalties due to crossing the bounds fixed by Allah are called hudud (boundaries). The second category of punishments is known as qisas (equitable retribution). The third category of punishment is known as ta’zeer (discretionary punishment). If a criminal repents after receiving the prescribed punishment and reforms himself, he becomes a true servant of Allah, he will save himself from His wrath.

Ibn Al-Qayyim, a great philosopher, an eminent scientist and a well-known religious scholar is of the view that if people relied on their minds and specified a certain penalty for each crime, there would be a great difference in opinion, dissention and disagreement, therefore, God spared them from such a burden and through His Wisdom, Knowledge and Mercy, defined crime with regard to its type and degree and set a suitable legal penalty and an appropriate exemplary punishment for each crime. In addition, due to His limitless mercy and grace, He has made such legal penalties, means of expiation and purification for the wrong doers from the burden of sin if they willingly accept them, especially if they are followed by true repentance and sincere remorse (I’lam Al-Muwaqqi’in).

And if two parties of the believers fall into mutual fighting, make peace between them. Then if either of them transgresses against the other, fight the one that has transgressed till it returns to Allah’s Command. Then if it returns, make peace between them with justice, and be just because Allah loves those who do justice. The believers are brothers of one another; so set the relations right between your brothers, and fear Allah; it is expected that you will be shown mercy ([97]).

Muslims should not just sit and watch the clash between two groups of Muslim community, but they should try their level best to bring about peace and reconciliation between the fighting parties. If all the efforts for reconciliation fail, then there is need to carry out investigations to find out the root cause and use force against the transgressor.

Prophet Muhammad demonstrated justice throughout his life. A few examples of his justice are given here. When he was on his deathbed, he publicly announced: Is there anyone among you whom I have stricken? Here is my back, let him strike me in return. Is there anyone whose character I have defamed or insulted? Let him now cast reproach upon me. Is there anyone from whom I have taken anything unjust? Let him now come forward and be indemnified (Rahman, Encyclopaedia of Seerah, London, 1994).  Sakhr, a chief of a tribe, had helped Prophet Muhammad (PBUH) greatly in the siege of Taaif, for which Prophet Muhammad (PBUH) was naturally obliged to him. Soon after, two charges were brought against Sakhr: one by Mugheerah of illegal confinement of his aunt and the other by Banu Saalim of forcible occupation of his spring by Sakhr. In both cases Prophet Muhammad (PBUH) decided against Sakhr (Abu Daud). Ayesha reported that a woman of Mukhjummiyah tribe committed theft. The leaders of that tribe wanted to save her from the punishment, therefore, requested Quraish for pleading to Messenger of Allah. They requested Osama, the son of Zaid, who was favourite of the Prophet, but when he pleaded, the Messenger of Allah said, “You plead for a crime out of the ordained crimes of Allah!” Then he got up and delivered a sermon, “Verily those who were before you were destroyed, because when a noble man from them committed theft, they let him off, and when a weak man committed theft from among them, they executed sentence on him. By Allah, had Fatimah, daughter of mine had committed theft, I would have cut off her hand” ([98]).

3.3. Economic Justice

Economic justice in Islam is purely extracted from the sources of Shari’ah without any human blend which may often involve bias and prejudice. The principle of justice has been thoroughly discussed in the Qur’an at a number of places and in different contexts. Economic justice is one of the most critical elements of an Islamic social order. Rendering the importance of justice in economic life; a Muslim buyer or seller, creditor or debtor or individual entrepreneur or a firm is supposed to abide by the laws concerning justice and take notice of any possible unjust act before sighing up financial contract. Economic justice essentially refers to application of Islamic ethics and moral standards in business relationships. The main concern of economic justice is socio-economic stability and establishment of a welfare society. The welfare society cannot be established unless the overall structure of production, consumption, distribution and exchange follow the scheme justice envisaged by Islam. In short, foundation of economic justice is based a number of fundamentals such as principle of Tawhid (Oneness of Allah), brotherhood and mutual cooperation, and principle of freedom, The belief in Oneness of Allah contains at least five important beliefs which have direct implications on the socio-economic structure of Islam and Islamic conception of economic justice thereof. All human beings on the planet earth are the progeny of one pair – Prophet Adam and his wife Hawwa, therefore all human beings globally belong to one family, irrespective of their different colours, languages, countries, cultures, etc. This genealogical commonality outlines the basis of universal brotherhood and mutual cooperation ([99]).

The concept of economic justice intersects with the idea of overall economic prosperity. There is a belief that creating more opportunities for all members of society to earn viable wages will contribute to sustained economic growth. Achieving economic justice can include addressing wage gaps and other deficiencies in individual earnings. Such factors lead to workers earning wages that do not reflect the full potential of their abilities. As a result, they do not have the highest income they are capable of earning. Such loss of possible wages creates an inefficiency in the economy, because those workers will not have the income to participate in their fullest in it. If this inefficiency reaches significant magnitude, wherein large portions of the population are not purchasing goods and services they might have otherwise spent their earnings on it can slow the economy. Economic justice strives to eliminate the inequality created by capitalism by creating equal opportunities for all members of the economy. Giving everyone a chance to earn a decent, fair income is good for the economy, as putting more money in pockets leads to greater spending on goods and services ([100]).

Economic justice necessitates that all individuals have suitable opportunities to make a livelihood and get fare wages, enabling them to satisfy their basic necessities while also assisting them in their growth and advancement. The government should ensure the sick, elderly, or disable the social security at every cost. ([101]).

Economic justice, an important component of social justice, touches the individual as well as social order, encompasses the moral principles which guide us in designing our economic institutions. These institutions determine how each person earns a living, enters into contracts, exchanges goods and services with others.

He has enjoined that you should not go near the property of an orphan except in the best way, until he reaches his maturity, and you should use a full measure and a just balance We charge one only with that much responsibility that one can bear, and whatever you say should be just, even though it is concerning your own relatives and you should fulfil your Covenant with Allah. Allah has enjoined these things on you so that you may follow the admonition ([102]).

Keep your pledges, for you shall be accountable for your pledges.  Give full measure when you measure and weigh with even scales when you weigh. This is best way and will prove to be the best in the end ([103]).

He raised the heaven high and set the balance. Therefore, do not upset the balance: weigh with equity and do not give short weight (55:7-9). Woe to those who give short weight, who, when they take by measure from others, take it fully, and when they measure or weigh for them, they give them less than what is due. Do they not think that they will be raised up again on a Great Day? – the Day when all mankind shall stand before the Lord of the worlds ([104]).

At several places in the Qur’an giving of short measure and weight has been condemned and measuring fully and weighing rightly has been stressed. Fraudulent dealers have been threatened with Divine wrath. Prophet Muhammad gave instruction to the sellers and buyers, which are very helpful to establish economic justice in the society. He used to visit markets to check mal-practices in weighing, measuring and other business transactions. Once during his visit he passed by a heap of corn, he thrust his hand therein and found moisture inside the heap. He said to the owner of the heap, “Whoso acts with deceit is not of mine.”(Muslim). The truthful and trustworthy merchant will be with the Prophets, truthful and martyrs (Tirmizi). He forbade the forced purchase from a needy person (Abu Daud) and two bargains in one sale (Tirmizi, Abu Daud, Nisai). Who sells a defective thing without disclosing it continues to be in the wrath of Allah (Ibn Majah). The one who monopolizes is a sinner (Muslim); whoever monopolizes over the Muslims their food-grains, Allah will inflict them with epidemics and bankruptcy (Ibn Majah). “Do not envy one another; do not inflate prices by overbidding against one another; do not hate one another; do not harbour malice against one another; and do not enter into commercial transaction when others have entered into that (transaction)” (Muslim).

For bridging the gulf between the rich and the poor and for ensuring just and equitable distribution of economic resources and wealth, Islam has taken very effective measures such as Zakat and Sadaqat, the law of inheritance and bequest, monetary atonements, voluntary charities and compulsory contributions in the form of taxes and various levies. To prevent economic exploitation of the weak, Islam has taken some prohibitive measures such as elimination of Riba or usury, prohibition of acquisition of wealth through illegal and unfair means, discouragement of hoarding of food items and monopoly etc. Moreover, for the benefit of consumers and purchasers, Prophet Muhammad has given crystal clear guiding principles.

3.4. Legal Justice (Al-Adl al-Qada’i)

Legal justice states that all men are equal before the law and that the law applies equally to all. It ensures that everyone is protected by the law. The objective and proper administration of justice by courts of law is a necessary component of legal justice. The legal process must be straightforward, swift, fair, affordable, and effective ([105]).

Legal justice refers to the fair and impartial application of Islamic law (Shariah). Islamic legal principles aim to establish justice in all matters, including family law, criminal law, contracts and business transactions. The Islamic legal systems emphasize the protection of individual rights., due process, and the avoidance of oppression or justice Radio Islam https://radioislam.org, Types of justice 21 Feb-2023.

O you who have believed, be persistently standing firm in justice, witness for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both. So, follow not (personal) inclination, lest you not be just. And if you distart (your testimony) or refuse (to give it), then indeed Allah is ever, of what you do, Aware ([106]).

It is evident from verse 4:135 that it is not enough for believers to uphold justice themselves: they are expected to be its standard-bearers. They are supposed not merely to practice in their own dealings but to strive for its triumph. They have to do all within their power to ensure that injustice is eradicated and replaced by equity and justice. A true believer is required to be the pillar supporting the establishment of right and justice ([107]).

Allah Almighty commands the believers to stand up for justice and fairness in every capacity. They should not fear the blame while standing to support justice If someone has been called to give testimony, he should give testimony in a right way according to commandments of Allah and the teachings of the Prophet Muhammad without any fear and favour of anyone. One should avoid from giving false testimony under all situations and all circumstances. Testimony should be delivered in clear words and for the sake of Allah Almighty and in a just manner, even it is against one’s parents or children or other near relatives and best friends.

The verse 4:135 mentions that that believers should uphold justice and be true at the time of giving witness. All the Prophets worked hard for the establishment of justice. It is mandatory for every believer to adopt justice and endeavour to establish it according to one’s authority and responsibility. Under critical situations justice may be enforced by force and by legal actions.

The Messenger of Allah said, “Verily, those who were just will be in the presence of Allah upon pulpits of light, near the right hand of the Merciful, the Exalted, and both of His sides are honourable. They are those who practiced justice in their judgment and their families and in all they did ([108]).

3.5. Restorative Justice (Al-Adl al-Tajdid)

Restorative justice is a process where all stakeholders affected by an injustice have an opportunity to dicuss how they have been affected by the injustice and to decide what should be done to repair the harm ([109]).

Restorative justice is a set of principles and practices that create a different approach to dealing with crime and its impacts. It practices work to address the dehumanization frequently experienced by people in the traditional criminal justice system. Instead of viewing a criminal act as simply a violation of a rule or statute, restorative justice sees this action as a violation of people and relationships. Restorative justice seeks to examine the harmful impact of a crime and then determines what can be done to repair that harm while holding the person who caused it accountable for one’s actions. Accountability for the offender means accepting responsibility and acting to repair the harm done. Outcomes seek to both repair the harm and address the reasons for the offense, while reducing the likelihood of re-offense ([110]).

Restorative justice focuses on repairing harm and restoring relationships between individuals or groups in conflict. In Islam, forgiveness, reconciliation, and seeking pardon are highly encouraged as means of resolving disputes and healing social divisions. The concept of tajdid (renewal) emphasizes the importance of rectifying wrongdoing and promoting reconciliation ([111]).

And if a woman fears from her husband contemt or evasion, there is no sin upon them if they make terms of settlement between them – and settlement is best. At present in (human) souls is stinginess. But if you good and fear Allah – then indeed Allah is ever, of what you do, Aware ([112]).

3.6. Environmental Justice

Environmental justice is the fair treatment and meaningful involment of all people regardless of race, colour, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies. Fair treatment means that no group of people, including racial, ethnic, or socio-economic groups should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations of the execution of federal, state, local, and tribal programmes and policies. It may typically be defined as distributive justice, which is the equitable distribution of environmental risks and benefits; fair and meaningful participation in decision-making, etc. ([113]).

Through environmental justice people are fully protected from disproportionate and adverse human health and environmental effects including risks and hazards. In this justice system people have equitable access to a healthy, sustainable, and resilient environment in which to live, and work freely and in an optimal way in order to exploit their potential properly.

Environmental justice is a social movement that addresses injustices that occurs when poor or marginalized communities are harmed by hazardous waste, resource extraction, and other land uses from which they do not benefit. It goal is to achieve agency for marginalized communities in making environmental decisions that affect their live ([114]).

Environmental justice is a social movement that addresses injustices that occurs when poor or marginalized communities are harmed by hazardous waste, resource extraction, and other land uses from which they do not benefit. Its goal is to achieve agency for marginalized communities in making environmental decisions that affect their live.

Environmental justice involves preserving the natural environment and ensuring the sustainable use of resources. Islam teaches that humans are stewards of the Earth and are responsible for protecting the environment from harm and exploitation. Environmental justice in Islam includes principles of conservation, sustainable development, and responsive stewardship of natural resources ([115]).

And the heaven He raised and imposed the balance that you not transgress within the balance. And establish weight in justice and do not make deficient the balance ([116]).

Almost all commentators have interpreted mizan (balance) to mean justice, and ‘set the balance’ to imply that Allah has established the entire system of the universe on justice. Had there been no harmony and balance and justice established among the countless stars and planets moving in space, and the mighty forces working in this universe, anr the innumerable creatures and things found here, this life on earth would not have functioned even for a moment. Look at the creatures existing in the air and water and on land for billions of years on this earth. They continue to exist only because full justice and balance has been established in the means and factors conducive to life; in case there occurs a slight imbalance of any kind, every tract of life would become extinct ([117]).

That is, as you are living in a balanced universe, whose entire system has been established on justice, you should also adhere to justice. For if you act unjustly within the sphere in which you have been given authority, and fail to render the rights of others, you would indeed be rebelling against the nature of the universe; for the nature of this universe does not admit of injustice and perversion and violation of the rights. Not to speak of major injustice, even if a person fraudulently deprives another of an ounce of something, by giving him short measure, he disturbs the balance of the entire universe. This is the second important part of the Quranic teaching that has been presented in these three verses. The first teaching is Tawhid and the second is the justice. Thus in a few brief sentences the people have been told what teaching has been brought by the Qur’an which the Merciful Allah Almighty sent for the guidance of human beings ([118]).

3.7. Political Justice

The definition of justice has a considerable evolution from Plato and Aristotle of antiquity up to John Rawls of the modern history. Justice has always been considered with various definitions in the classical period of ancient Greece, the Middle Ages, renaissance, enlightenment era, modernity, and post-modernism. There is no alternative but to consider justice as a permanent issue, based on time and place. In this regard, our issue is that justice in terms of the religious view in its last universally admissible definition should be revisited, so that it is feasible to apply in practice to religious framework. In a democratic system, the legitimacy of the government stems from fact that people play an important in building governments whose fate in society depends on the decisions of those governments, as well as in the replacement of governments. Almost all governments of all ideological spheres in all parts of the world are trying to put themselves under the grip of democracy, which identifies the key role of democracy as political legitimacy ([119]).

Political justice is primarily related to political institutions, and it means the rights which individuals possess as members of society. It is evident from the available literature that that the definition of political justice changed with the passage of time due to evolutionary process in politics. In the democratic system, apparently, people play an essential role in the formation of government and the replacement of government. In spite of its inherent weaknesses, at present this is the most common type of government at global level. In various countries of the world in stead of public deep states are playing dirty role in the formation and dismantling of governments.

To achieve political justice, it is necessary to provide all individuals with equivalent political rights and chances to participate in the administration of their respective countries. Citizens should be free to vote without fear of being discriminated against on the basis of religion, race, class, creed, gender, place of birth, or social standing. The formation of fair norms followed by the administration of fair justice in accordance with rules. At all times it is necessary to keep in mind the importance of social values, ethics, traditions, and the sense of right and wrong ([120]).

Political justice is primarily related to political institutions. Hence, in relation to individuals, political justice can be proposed in such a way that ‘what rights humans as members of society have;’ it is because political justice ultimately lead a large majority of individuals to enjoy political rights. It would have a positive impact on people’s enjoyment of both the benefits and the results of political life. Similarly, in the shadow of political justice, political oppression would be reduced. Moreover, when the distribution of economic benefits and the provision of performing minimum level of social services are discussed in the context of political justice, it is only viewed as the non-political necessary foundations for achieving political justice.

4. ALLAH’S COMMANDMENTS AND LOVE TO JUSTICE

O you who have believed, be persistently standing firm for Allah, witness in justice, and do not let the hatred of a people prevent you from being just. Be just: that is nearer to righteousness. And fear Allah; indeed, Allah is (fully) Aware of what you do ([121]).

There are usually two causes which hold people back from doing justice and then make them do do the unjust and oppressive. The first one is taking the side one own self or those of relatives and friends. Enmity with someone is another cause. When it comes to doing justice, let nothing affect you, neither your own self, nor friends and relatives. If the demand of justice happens to be against them, stat with nothing but justice. On the other hand the hostility against an enemy should not affect your sense of justice to the limit that you start working against the demands of justice to harm your enemy. When you stand for Allah, the inevitable outcome should be an equal justice with relatives and friends and enemies as well ([122]).

And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, and ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives (up his right as) charity, it is an expiation for him. And whoever does not judge by what Allah has revealed – then it is those who are the wrong doers (unjust) ([123]).

Whoever foregoes his right of retaliation does a good deed which will atone for many of one’s sins. The same is confirmed by a tradition of the Prophet Muhammad in which he said, “Whoever receives an injury on his body, then pardons (the inflictor of the injury) his sins are atoned for to the measure of his pardoning (Musnad Ahmad) ([124]).

And do not approach the orphan’s property except in a way that is best (intending improvement) until he reaches maturity. And give full measure and weight in justice. We do not charge any soul except (with that within) its capacity. And when you speak (testify), be just, even if (it concerns) a nearer relative. And the covenant of Allah fulfil. This has He instructed you that you may remember ([125]).

That is, one’s handling of the property of orphans should be based on maximum selflessness, sincerity, and well-wishing for the orphans; it should be of a kind which lends itself to no reproach, either from Allah or man. Even though this is a full-fledged postulate of the law of Allah, it is mentioned here in order to stress that one who tries to remain fair and just to the utmost of his ability, in giving weight and measure and in his dealings with people, will be acquitted of responsibility for error. If any mistakes in weight and measure occur out of oversight, and thus involuntarily, he will not be punished.

‘Covenant of Allah’ signifies, in the first place, the commitment to Allah, as well as human beings, to which man binds himself in His name. It also signifies that covenant between man and Allah, as well as between one human being and another which automatically takes place the moment a person is born onto Allah’s earth and into human society. The first two covenants mentioned are voluntary and deliberate whereas the last one is natural. The last one is no less binding than the first two, even though man does not make it of his own volition. For when man enjoys his own existence, makes use of his physical and mental energy, benefits from the means of sustenance and natural resources – in other words, when he benefits from the world created by Allah and avails of the opportunities provided for him by the operation of natural laws – he incurs certain obligations towards Allah. In the same way, when one derives nourishment and sustenance from the blood of one’s mother while in her womb, when one opens eyes in a family which is supported by the toil of one’s father, when one benefits from the various of institutions of human society, one is placed in varying degrees of obligation towards those individuals and institutions. This covenant between man and Allah and between man and society is inscribed, not on a piece of paper, but on every fibre of man’s being. Man has not entered into this covenant consciously and deliberately, yet the whole of his being owes itself to it (2:27) alludes to this covenant when it says that it is the transgressor ’who break the covenant of Allah after its firm binding, and cut asunder what Allah has commanded to be joined, and spread mischief on earth. It is also mentioned in verse 7:172 in the following words: And recall when your Lord took the children of Adam from their loins and made them testify as to themselves saying, “Am I not your Lord?” (to which) they answered, “Yes, we do bear witness thereto” ([126]).

The address in verse 2:154 is to the guardians of orphaned children who are minors. The guardians have been told that they should treat the property of orphans as if it was fire. They should not go near it to take from it, or eat of it unlawfully. However, protecting the property of the orphan and investing it in a permissible business where the danger of loss does not customarily exist is fair enough, even necessary. When the orphan child reaches an age of full strength that adolescence, the property can be handed over to the orphan. The guardian must see that the child has matured and has the ability to protect his property and can invest it gainfully ([127]).

And if two factions among the believes should fight, then make settlement between the two. But if one of them opposes the other, then fight against the one that oppresses until it returns to the ordinance of Allah. And if it returns, then make settlement between them in justice and act justly. Indeed, Allah loves those who act justly ([128]).

The just person is loved by Allah, while the unjust person is cast far away from the mercy and grace of Allah.

Allah’s love for justice is evident from the Holy Qur’an and the traditions of Prophet Muhammad. Allah hastens to punish injust person even in this world and in the Hereafter the punishment is very severe. 

Allah wants no injustice to the worlds (His Creatures) ([129]).

Since Allah does not want to subject people to any wrong, He illuminates the Straight Path of their salvation, and forewarns them of the matters for which they will be asked to render an account in the Hereafter. It is clear that if people abandon the path of rectitude, they wrong no one but themselves ([130]).

It is evident from verse 3:108 that Allah wants no injustice for anyone in the worlds which means that Allah has no intention of being unjust to His creation. Whatever reward and punishment is there, is is nothing but justice and very much the perfect expression of the divine wisdom and mercy. No one receives a punishment unless one earns it through one’s bad actions.

Indeed, Allah loves the just ([131]).

The verse 60:8 directs that justice and good behaviour should be maintained with those unbelievers who did not fight the Muslims. As for justice, it is obligatory to maintain with every non-Muslim, whether one is citizen of an Islamic State or the Muslims have peace agreement with him, or a citizen of an unislamic State. Even one is one is at war with Muslims ([132]).

 Justice demands that you should not be hostile to those who are not hostile to you, for it is not justice to treat the enemy and the non-enemy alike. You have every right to a stern attitude towards those who persecuted you for embracing Islam and compelled you to leave your homes and perused you even after your expulsion. But as for those who were not partners in persecuting you, you should treat them well and should fulfil the right they have on you because of blood and other relationships ([133]).

O people of the scripture, why do you mix the truth with falsehood and conceal the truth while you know it ([134]).

The people of the Book (Jews) made a wicked plan to deceive Muslims who were weak in faith. Jews decided that they would pretend to be believers in the morning by attending the fajir prayer with the Muslims and at the end of the dsy they would revert to their old religion so that the ignorant people would say, they reverted to their old religion because they observed some shortcomings in the religion of Islam.

(We said), “O David, We have made you vicegerent in the earth, so rule among the people with justice and do not follow your lust, for it will lead you astray from Allah’s Way.” ([135]).

It is evident from verse 38:26 that Allah gave warning to Prophet David on accepting his repentance along with giving him the good news of exalting his rank. This by itself shows that the error that he had committed contained an element of the desire of the flesh; it also pertained to the abuse of power and authority; and it was an act which was unworthy of a just and a fair-minded ruler.

In verse 38:26 Allah warns Prophet David on accepting his repentance along with giving him the good news of exalting his rank. The error which he committed included desires of the flesh; abuse of power and authority, and it was an act which was unworthy of a just and fair-minded ruler. It appears that the Prophet David came to know some unique qualities of the wife of Uriah through some means and started thinking that she should be the queen of the country instead of being the wife of an ordinary officer. Over whelming by the thought, he expressed the desire before her husband that he should divorce her. Under the prevailing conditions at that time, it was an ordinary thing. Nobody minded such a request, and often it so happened that friends would divorce their wives for each other’s sake of their own accord, so that the other may marry her. However, when the Prophet David expressed his desire, he did not realize that the expression of such a desire could be without compulsion and coercion when expressed by a common man, but it could never be so when expressed by a king. When his attention was drawn to this aspect of the matter through a parable, he gave up his desire immediately, and the thing was forgotten. But afterwards when, without any desire or planning on his part, the woman’s husband fell martyr on the battlefield, and he married her, the evil genius of the Jews started concocting stories and such mischievous mentality became even more acute after a section of the Israelites turned hostile to the Prophet Solomon. Under these motives the story was invented that the Prophet David, Allah forbid, had seen Uraia’s wife washing herself from the roof of her palace. He had her called to his house and committed adultery with her and she had conceived. Then he had sent Uriah on the battle-front to fight the children of Ammon, and had commanded Joab, the army commander, to appoint him in the fore-front of the battle where he should be killed. And when he was killed, Daid married his widow, and from the same woman the Prophet Solomon was born. The wicked scholars described all these false accusations in their Holy Book ([136]).

Say to them (O Muhammad), “I have been commanded to do justice between you.” ([137]).

Say (O Muhammad), “Do you argue with us about Allah while He is our Lord and your Lord? For us are our deeds, and for you are your deeds. And we are sincere (in deeds and intention) to Him” ([138]).

The one principle that the Prophet Muhammad and his followers unreservedly stood for was that Allah alone should be served, but the Jews and Christians insist that others beside Allah should also be made objects of service and adoration. In fact, everyone is responsible for one’s own conduct. If they have earmarked a part of their service and devotion to others than Allah, let them do so and see for themselves what it leads to. The Muslims did not want to keep them from error by force. As for themselves, they had consecrated their service, obedience and worship to Allah alone. If the Jews and Christians could bring themselves to recognize the right of the Muslims to do so, the dispute could automatically be brought to an end ([139]).

Should the Jews and Christians still continue, in their stubbornness, to deny, Allah Almighty asks the Holy Prophet and the Muslims to declare in plain and simple words that, Allah, being the Lord of All, cannot show any special favour to any particular group of people, and that on the Day of Judgment He will assess the the Jews, the Christian and the Muslims according to what each has believed in and each has been behaving – a principle which was accepted by the people of the Book too. The Muslims have also been asked to announce that they on their part recognize no other god but Allah, and had purified their religion of all traces of association (Shirk) – as against the Jews and the Christians who consider Prophet Uzair  (Ezra) and Prophet Jesus respectively to be ‘the Son of Allah.’ Allah has very clearly announced the truth in the Qur’an, and the people of the Book know themselves that the religion of the earlier Prophets was also Islam. Yet they are trying to conceal the truth, and being unjust, in the gravest sense of the term ([140]).

And if they deny you (O Muhammad), then say, “For me are my deeds, and for you are your deeds. You are disassociated from what I do, and I am disassociated from what you do” ([141]).

This is to say, I don’t want to enter into useless discussions and disputes with you on this score. If I am an imposotor, I alone shall bear the consequences for it; and if you are rejecting the truth, you are not doing any harm to me but only to yourselves ([142]).

The verse 42:15 makes clear that everyone is responsible and accountable for one’s deeds. If one does good, one will himself profits by one’s good results and not we. If we do evil, we ourselves shall bear all its evil consequences, and not you ([143]).

Apparently, it relates to do justice in the matters of dispute which come to him for making decision. It means judging according to the commands of Allah.

Allah said, “O My slaves, I have forbidden injustice Myself and forbade it also for you. So, avoid being unjust to one another” ([144]).

Abu Bakrah reported that the Messenger of Allah said, “There is no sin more deserving that Allah hasten the punishment in this world, in addition to what is stored up for him in the Hereafter – than injustice and severing the ties of kinship” ([145]).

Ayesha reported that the Messenger of Allah said, “The most quickly rewarded of good deeds are kindness and upholding the ties of kinship, and the most quickly punished of evil deeds are injustice and severing the ties of kinship” ([146]).

Allah commanded Prophet Muhammad to do justice between people. Through him, this command is for every judge and even for every person. Everyone must treat others with justice and equity without any favor for friends and relatives. Allah commands us to be just in our dealings with our fellow beings and even with other creatures in the universe.

 5. SIGNIFICENCE OF JUSTICE

Justice is the foundation of human living in order. It necessitates the regulation of people’s selfish activities to provide on equitable distribution, full equality, and just benefits for all. It represents a balance between personal interests and societal goals ([147]).

Justice has been the goal of all the Revealed Books and Scriptures and the teachings of all Prophets. Abdullah Yusuf Ali is of the view that justice is the master virtue, and includes most other virtues. Survival, sustenance and maintenance of the universe and everything therein depend on it. It is justice which eliminates conflicts, battles, wars, extremism, and terrorism; resolves differences among people and maintains harmony, unity, cooperation, positive interactions in the society and creates conducive environment for the performance of prescribed functions of everything in the universe. It is the force of justice which binds the members of a community and creates synergy in the working of different organisms. The huge innumerable celestial bodies are floating in the space since their creation at their specified orbits and specified speeds without interfering in the movement of other bodies. It is divine justice which does not let any collision take place between them. Even a minor deviation from the principle of justice in both animate and inanimate creatures will result in destructive disorders.

Allah set the balance (55:7) in the universe and prohibited to upset the balance.

Allah raised the heaven and set the balance. Therefore, do not upset the balance: weigh with equity and do not give short weight ([148]).

The Arabic word rafa’a means ‘to raise up’ and wada means to ‘put down.’ The verse 55:7 first describes that Allah has raised the heavens. This could have its obvious or outer meaning referring to to the physical height of the heaven, and it could also have metaphorical meaning, referring to the high status of the heaven. In relation to the earth, the heaven occupies a higher position. Normally, the earth is understood to the opposite of the heaven. From this point of view, the heaven and the earth are treated as opposite and mentioned throughout the Qur’an in that way. Having described the high position of the heaven, the Qur’an goes on to describe that Allah has set the balance, but ‘placing the scale’ vis-a-viz ‘raising the heaven’ does not seem to form a suitable pair according to the linguistic norm. As a matter of fact, a closer analysis of the context indicates that the verse is describing the ‘placing of the earth.’ The verse 55:10 says: And the earth is placed by Him for creatures. Thus, the Qur’an is actually describing the heavens and the earth as opposites. In between the two, the third factor (that of placing the scale) is inserted for a reason. The wisdom in this seems to lie in the fact that the verses that follow lay stress on observing justice and fairness. They do not allow violation of rights and practice of injustice. Following the verses referring to ‘raising the heaven’ and ‘placing the earth’ are verses that describe the scale and enjoin the correct use of it. This implies that the ultimate purpose of creating the heaven and the earth was to establish justice, peace and harmony. Peace, safety, security and harmony cannot prevail on earth without establishing justice. Without justice, chaos, disorder, mischief and corruption will hold sway in the land. Allah, the Pure and the Highest, knows best! The word Mizan (scale) has been interpreted variously. In the current verse, scholars like Mujahid, Qatada, Suddi and others interpret it in the sense of justice, because that is the purpose of Mizan. Other scholars have taken the word in its obvious senseof a piece of equipment used to determine the weights and measures of material things. This equipment could be a pair of scales, consisting of a bar with a pan or a dish at each end or it may be some modern equipment used for the purpose of measuring or weighing. The ultimate sense of this interpretation in any case in maintaining rights and establishing justice and fair play ([149]).

‘Setting the mizan’ imply that He has established the entire system of the universe on justice and everything in the universe is subjected to Allah’s Command and obedient to His Law. Full justice and balance have been established in the means and factors conducive for the survival of everything in the universe. We are living in the balanced universe, whose entire system has been established on justice ([150]).

“The Nature has produced harmony in the universe; so much so, that a definite design underlies the formation of the universe and the constitution of every object therein. The provision of the elements of life in fixed quantities is a sign of balance or proportion. There is a balance in the disposition of each object. There is a balance in the growth and development of everything leading to perfection. It is the quality of balance which makes every creative activity in the universe” ([151]).

It is Divine Justice due to which everything in the universe is performing its function honestly and justly. Celestial bodies are floating in the space at tremendous speed since the creation of the universe without any chaose and defect in their movement; the sun is rising and giving energy and light in the whole solar system; the moon is reflecting light; earth is offering its services by providing resting place to all organisms, providing nutrients to plants, and number of natural resources; plants are providing shade, shelter and a variety of food to human beings and other enemies; animals provide food and services to other fellow animals and human beings, etc.

It is evident the Qur’an that the first man on the earth, Hazrat Adam had superiority over other creation including Angels mainly due to his knowledge about the Universe. The idea of justice passed through different evolutionary stages from Prophet Adam and reached at its climax by the teachings of Muhammad (PBUH). Due to the establishment of comprehensive, dynamic and viable social system, Islamic civilization flourished and led the world in spiritual and material progress for long time. Voluminous material is available in Islamic literature on the social justice established by Prophet Muhammad (PBUH), but, here I intend to give the view point of certain non-Muslims writers, scholars, intellectuals and philosophers: Prophet Muhammad’s immense contribution to civilization remains an outstanding and astounding fact of history (Lala Hardyal). He revolutionized life in Arabia and throughout the Middle East and lifted women from the bondage in which desert custom held them and preached general social justice (James A. Michener). Of all world religions, Islam seems to have attained the largest measure of success in demolishing the barriers of race, colour, and nationality (Philip K. Hitti). Prophet Muhammad was responsible for the emancipation of women and he made no distinction between a rich and a poor (Pandit Gopal Krishna). He condemned practices of the Pagan Arabs such as female infanticide, exploitation of the poor, usury, murder, false contracts, fornication, adultery, and theft. He proclaimed a sweeping programme of religious and social reform that affected religious belief and practices, business contracts and practices …. Women were given inheritance rights in a patriarchal society that had previously restricted inheritance to male relatives (Islam: The Straight Path by John Esposito). Prophet Muhammad was both a social and moral reformer. He created a new system of social security and a new family structure, both of which were a vast improvement of what was before (William Montgomery Watt).

The achievements of Prophet Muhammad in the establishment of social justice become more evident when we compare them with the status of social justice before his prophet-hood, and with the status of social justice in our period. When he started his mission as a Prophet, the condition of masses in the whole world was very miserable; the life of slaves was worse even than the animals; ignorance, oppression, injustice, hunger, inequality, and inter-tribal wars were prevailing everywhere; the rulers and the administrators were enjoying all sorts of comforts, while masses were in great hardships; people were burying their daughters alive and the condition of the women was very miserable. In short injustice was prevailing everywhere. It is important to mention here that before the emigration of Prophet Muhammad (PBUH), in Madinah, there was no court, and no forum of any type to make justice. He took a revolutionary step by changing the concept of justice from individual to central or collective. It means the individual was no more entitled to take revenge himself from the criminal or oppressor but was bound to go to the court to get the justice. In this system, the judge was bound to follow the rules and regulations without any discrimination; no body was allowed to influence the judge and help the criminal. The justice was based strictly on the commandments of God. He established a society, based on the principles of equality, equity and justice, and complete social security for the poor, needy, destitute etc. Under such situation he established the social justice and carried it to the climax.

I intend to compare the status of social justice established by Prophet Muhammad with the social justice prevailing now. Critical analysis of  the constitutions of different countries, the theories of justice of philosophers and intellectuals and the Declarations of United Nations such as the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights (both adopted in 1966 and in force in 1976), the World Summit for Social Development (1995) and United Nations Millennium Declaration (2000) etc. it becomes evident that most of the basic information on social justice has been taken from the teachings of Prophet Muhammad  directly or indirectly.

Recently, it has been estimated by the United Nations that inequality between the world’s richest and poorest nations has grown exponentially. In 1960 the income gap between the wealthiest and the poorest fifth of the world’s population was 30 to 1 and by 1999 it increased to 74 to 1. Rising inequality in the distribution of income, and distribution of assets; more work opportunities for a few and increased unemployment and underemployment for the majority; more uneven distribution of opportunities for quality education; growing inequalities in health care and social security; decline in the participation of average citizens in public affairs are only a few of the many indications that social justice is receding and the world is experiencing overall social regression. The condition of Pakistan which came into being in the name of Islam is even worse. During these days we are hearing strange statements and such as immunity to President and other high ups and discretionary powers at different levels in the administration etc. Deterioration in social justice to such an extent resulted into extremism, terrorism, inter-country and intra-country conflicts throughout the world. All the existing problems in Pakistan and that of whole world can be solved amicably by the adoption and implementation of the teachings of Prophet Muhammad (PBUH) especially his strategy relating to establishment of social justice.    

Indeed, Allah orders justice and good conduct and giving (help) to relatives and forbids immorality and bad conduct and oppression. He admonishes you that perhaps you will be reminded ([152]).

In verse 16:90 in a brief sentence Allah has enjoined three most important things on which alone depends the establishment of sound and healthy society. Firstly, to make such arrangements as may enable everyone to get one’s due rights without stint. Justice does not, however, mean equal distribution of rights, for that would be absolutely unnatural. In fact, justice means equitable dispensation of rights which in certain cases may mean equality. For example, all citizens should have equal rights of citizenship but in other cases equality in rights would be injustice. For instance, equality in social status and rights between parents and their children will obviously be wrong. Likewise, those who render services of superior and inferior types cannot be equal in regard to wages and salaries. What Allah enjoins is that the full rights of everyone should be honestly rendered whether those are moral, social, economic, legal or political in accordance with what one justly deserves. The second thing enjoined is Ihsan which has no equivalent in English. This means to be good, generous, sympathetic, tolerant, forgiving, polite, cooperative, selfless, etc. In collective life this is even more important than justice; for justice is the foundation of a sound society but Ihsan is its protection. On the other hand, justice protects society from bitterness and violation of rights. On the other hand, Ihsan makes it sweet and joyful and worth living. It is obvious that no society can flourish if every individual insists on exacting one’s pound of flesh. At best such a society might be free from conflict but there cannot be love, gratitude, generosity, sacrifice, sincerity, sympathy and such humane qualities as produce sweetness in life and develop high value. The third thing which has been enjoined is good treatment towards one’s relatives which in fact is a specific form of Ihsan. It means that one should not only treat one’s relatives well, share their sorrows, and pleasures and help them within lawful limits but should also share one’s wealth with them according to one’s means and the need of each relative. This enjoins on everyone who possesses ample means to acknowledge the share of one’s deserving relatives along with the rights of one’s own person and family. The divine law holds every well to do person in a family to be responsible for fulfilling the needs of one’s needy kith and kin. The law considers it a great evil that one person should enjoy the pleasures of life while one’s own kith and kin are starving. As it considers family to be an important part of society, it lays down that the first right of needy individuals is on its well to do members and then on others. Likewise, it is the first duty of the well to do members of the family to fulfil the needs of their own near relatives and then those of others. Just imagine the happy condition of the society where every unit of which supports its every needy individual. Most surely that society will become high and pure economically, socially and morally.

In contrast to the above mentioned three virtues, Allah prohibits three vices which ruin both individuals and the society as a whole. These vices are fahsha, munkar, and baghy. The Arabic word fahsha applies to all those things that are immodest, immoral, obscene, neasty, dirty, vulgar, not fit to be seen or heard, they offend against recognized standards of propriety of good taste, e.g. adultery, fornication, homosexuality, nakedness, nodality, theft, robbery, drinking, gambling, begging, abusive language, etc. Likewise, it is indecent to indulge in giving publicity to any of these evils and to spread them through any means such as false propaganda, calumny, publicity of crimes, indecent stories, dramas, films, naked pictures, public appearance of women folk with indecent makeup, free mixing of sexes, dancing, etc. Munkar applies to all those evils which have always been universally regarded as evils and have been forbidden by all divine systems of law. Baghy applies to those vices that transgress the proper limits of decency and violates the rights of the others, whether those of the Creator or His creation ([153]).

Certain actions of different organisms such as hunting prey by predators, parasitizing hosts by parasites seems cruel actions and not based on justice, but, in reality, it is not so. Under natural conditions every predator and every parasite are working according to its destiny and does not transgress the limits fixed by the Almighty. A predator never kills pray, but only to get its food. Likewise, a parasite parasitizes its host only for the purpose of food and shelter. In the jungle a lion hunting of animals seems to be a cruel act, but it is not so. He kills an animal only when it feels hungry. It is the natural instinct of hunger which incites him for hunting. This is the principle on which food chains and food webs develop and work in ecological systems. It is the justice of the Creator that every organism in the world is getting its food and shelter but, with struggle. Sometimes due to wrong humans’ actions in the natural systems such as killing the young ones of lions or leopards or other such predators make them revengeful, and then they may kill human beings and other animals indiscriminately.

Nature has established balance in the universe as a whole and in its different components.

Natural Balance is found in all the celestial bodies, in the ecosystems, in the plant communities, animal communities and in the whole biosphere. There is balance in the alternation of the day and night; changes in the seasons, in different components of hydrological cycle on the planet earth; in food chains and food webs of different ecological systems; different systems in human bodies, other animals and in plants; balance is prevailing in the population of predators and their prays and in parasites and their hosts; and in the ratio of births and deaths in human beings and other organisms.

It is natural balance which binds the celestial bodies together and due to this balance, they are moving smoothly since their creation and perform their functions according to their destinies. In this connection we are more familiar with the balance of movement among the sun, the moon and the earth. It is law of justice which causes the balance in their movement to alternate night and day in a precise manner in which there are many benefits for the human beings and other creatures. It enables moon to pass through different phases and stages and cause tides in the sea.

The earth is most rightly and justly placed apart from the sun. If the earth were closer to the sun, it would be a blazing furnace; if it were farther, it would be an ice grave. Distance between the sun and the earth, and between all of the heavenly objects are most rightly and justly designed. The length of the day, and the night, the distance between the sun and the moon and the earth, and the size of the moon and the earth are all most rightly and justly designed. If the earth were five times greater than it actually is, your weight would be five times greater than it is, and your movement on the surface of the earth would be unbearable. This is because man’s weight is proportional with the size of the earth; and man’s weight on the moon’s surface is 1/6^th of his weight on the earth. Therefore, the size of the earth, its density, its power of gravity and its distance from the sun and the moon while going round the sun in orbit are all right and just. If wheat were made to get ripe successively like melons, we would need to check spikes of grain one by one in order to see if they have ripened or not. Allah is most just in His creation:

 Wrong human interventions in agroecosystems caused a number of complicated and complex problems such as resurgence of target insect pests, transformation of minor pests into major pests, disturbance in the ratio of biocontrol agents and pests, outbreak of secondary pests, pesticide residues in the agricultural produce, resistance in pests against pesticide, and environmental pollution, etc. Likewise, unplanned or ill-planned industrialization, urbanization injudicious use of chemicals disturbed the natural balance of gases in the atmosphere. For example, air consists of nitrogen (78 per cent), oxygen (21 per cent), carbon-dioxide (0.03 per cent). Allah has made nature preserve this ratio through a number of cycles, namely, the carbon cycle and the nitrogen cycle. Without these cycles, the existence of life on the earth would be in jeopardy. Occurrence of such problems is the result of unjustified humans’ approach towards environment. We should take care in seeing that the actions of human beings on earth do not grossly alter the environment. There is meaningful interaction between humans and other members of the biosphere. These interactions are very delicate, therefore should not be disturbed. We should live in harmony with nature and not interfere with it in any harmful manner in the name of conquering it. Conservation of natural resources is justice and their misuse is injustice. 

Balance in the natural hydrological cycle is of paramount importance for human beings, animals, plants and other creatures on the planet earth.  Due to this balance the specific amount of water is maintained in each component of hydrological cycle and water is made available at the top of the mountains, in the plains and other parts of the earth in due measure. Through this cycle the dirty and contaminated water is purified and pure and clean water enters into the cycle continuously to make available according to the needs of human beings and other organisms. Even minor changes in this cycle may be very destructive for all life on the planet earth.

Natural balance is quite visible in the natural habitats which include variety of plants and innumerable species of animals. Plants are necessary for animals and in certain cases animals play an important role for the sustenance of plants. There is balance between plants and animals. There are food chains and food webs in each ecosystem.

Any disturbance, especially by human beings usually has devastating effects. It is therefore imperative to avoid any action which can disturb the Natural Balance. In case of even slightest imbalance of any kind in the movement of earth, the moon or the son, the working of whole solar system may disrupt and every trace of life would become extinct. So much so, if one acts unjustly and misuses one’s authority, and fail to render the rights of others, one disturbs the balance of the entire universe.

The heavens and the earth owe their existence to reality and fact and not to superstition and fancy. It is a serious system whose every particle testifies that it has been created with great wisdom, its each component has a law underlying it, and everything in it has a purpose behind it. Here only such a thing can succeed and endure, which is based on justice.

Justice guarantees world peace. Justice is the foundation of a sound society. Justice protects society from bitterness and violation of rights and provides basis for peace in society.

Adl (justice) provides basis for peace in society. The Qur’an refers to at least seven important dimensions of justice which lead to meaningful peace in society – Rule of law and equality, and value of human life; proper observance of rights and responsibilities of the Creator and fellow human beings; ethical conduct in trade and economy; political liberty and freedom; rational and reasonable behaviour in personal and social matters; gender relations; religious freedom and pluralism; and legal justice ([154]).

Peace in society is only possible when protection of human life is given highest priority. Promotion and protection of human life offers a solid foundation for peace, security and a sustainable society.

Proper observance of rights and responsibilities are of paramount importance for the establishment of love and peace from family to global level. Ethical conduct and behaviour in social dealings plays an important role to establish enduring peace in the society. Ethical conduct in trade and commerce is also necessary. Financial corruption and exploitation of others’ property especially those of orphans are considered as a social evil and cause of crisis and insecurity in society. Economic exploitation in the form of Riba is strictly prohibited in Islam.

Political liberty is pre-requisite for the establishment of peace in the country. Free participation in political process is recognized by the Qur’an as a human right.

Jihad is necessary for the establishment of global peace. Unfortunately, the term jihad has been misinterpreted both by the Muslims and non-Muslims. In general, jihad is projected as a weapon for elimination and destruction of all non-Muslims and their civilizations. Jihad in the Qur’an is projected as an instrument for realization of peace and justice in society and at the same time a tool for checking and eliminating lawlessness, oppression and exploitation. The term jihad is used in around forty places in the Qur’an, while the term kital appears around one hundred times in one or another context. While jihad in its Quranic sense refers to struggle, concerted effort and an ongoing endeavour, in order to achieve an objective, the term kital simply means fighting or war in its wider connotation. The purpose and intent of jihad as defined by the Qur’an is to liberate people from oppression, injustice, exploitation, slavery and bondage or restoration of human rights of a people. (4:75, 22:40). Jihad in the Qur’an stands for a movement of protection of human rights, freedom, and dignity of man.

Addressing the whole of humanity as a single ummah the Qur’an invites all humans to cultivate an attitude of peace. (10:25). Word peace in its different forms appears in around 138 places in the Qur’an. The culture of peace, as visualized by Islam, is not limited to a formal understanding of concept of disarmament, collective security or peace as functionalism. Islamic view of peace is comprehensive; it is more than a no-war situation. The Islamic understanding of peace can be summarized in seven points which provide a practical basis for a global order of peace. These include: Tawhid, Adl, polical liberty and freedom, rational behaviour, gender relation, religious freedom and pluralism, and legal justice ([155]).

Peace and justice, as recurring themes in the Qur’an enjoy a central place in the Islamic scheme of thought. Their manifestations take place at individual and as well as collective levels. Tawhid deters a person using double standards while interacting with members of family or business partners as well as when entrusted a public responsibility. Systematic elimination of internal contradictions and development of coherence in thought and actions paves the way for existential peace. 

And if two parties of the believers fall to mutual fighting, make peace between them. Then if either of them transgresses against the other, fight the one that has transgressed till it returns to Allah’s Command. Then it returns, make peace between them with justice, and be just because Allah loves those who do justice ([156]).

The recipient of this Command are all those Muslims who may not be a party to either of the groups and for whom it may be possible to try to make peace between them. In other words, Allah does not approve that the other Muslims should just sit and watch the clash when two groups of their own community have fallen to mutual fighting. But whenever such a sad situation arises all the believers should become concerned and should do whatever they can to bring about peace and reconciliation between the parties. They should urge the parties to desist from fighting; they should exhort them to fear Allah; their influential people should go and talk to the responsible men of the two sides, should find out the causes of the dispute and do whatever they can to effect reconciliation between them ([157]).

That is, “The Muslims also should not allow the aggressor to continue his aggression and leave the victim alone, or, still worse, join hands with the aggressor. But their duty is that if all their efforts at reconciliation between the parties fail, they should find out as to who is in the right and who is the aggressor? Then they should join hands with the one who is in the right and fight the aggressor. As this fighting has been enjoined by Allah, it is obligatory and comes under jihad; it is not the fitnah (mischief) about which the Holy Prophet has said, “It is a situation in which the one standing is better than the one moving, and the one sitting is better than the one standing.” For that the fitnah implies the mutual fighting of the Muslims in which the parties might be fighting out of bigotry, or for a false sense of honour and worldly possessions and neither may be having the truth on its side. As for the fight that is undertaken in support of the group who is in the right against the aggressor, it is not taking part in the fitnah but carrying out Allah’s Command. The Command to “fight” the aggressor does not necessarily mean that he should be fought with the weapons and killed, but it implies the use of force against him, the real objective being the removal of his aggression. For this objective whatever force is necessary should be used, and no more and no less force should be used than what is absolutely necessary.  The addressees of this Command are the people who have the power to repel the regression by the use of force ([158]).

This shows that the fighting is not meant to punish the rebel (the aggressing party) for his rebellion (aggression), but to force him to return to the Command of Allah. Allah’s Command implies that the rebel group should submit to what is right according to the Book of Allah and the Sunnah of the Messenger of Allah, and should give up the attitude and conduct that amounts to aggression according to this criterion of the truth. As soon as a rebel group becomes ready and willing to follow this Command, use of force against it should be stopped, for this is the actual objective of the fighting and its target. The one who commits an excess after this would himself become the aggressor ([159]).

The Command is not only to make peace but to make peace with justice and equity. This shows that in the sight of Allah the peace (and reconciliation) which is brought about only to stop fighting, overlooking the distinction between the truth and falsehood, and in which pressure is used against the party that is in the right to come to terms with the aggressor, is not commendable ([160]).

There are several forms of mutual fighting between Muslims and each has its own separate injunctions:

• When both the fighting groups may be the subjects of a Muslim government: In this case it is the duty of the government to make peace between them.
• When the parties may be two Muslim governments and both may be fighting for the sake of world: In this case the believers should absolutely refrain from taking part in the fitnah and should exhort the parties concerned to fear Allah and desist from fighting.
• When one of the belligerent parties mentioned under (b) above may be in the right and the other the aggressor, who may not be listening to counsel nor be inclined to make peace: In this case believers should side with and support the party that is in the right against the aggressor.
• When one of the parties may be the subjects, who may have revolted against the government, i.e. the Muslim government: The jurists use the term “baghi” for this very party which is guilty of rebelling.

are transported to bad abode. The punishment to the non-believers, hypocrites, polytheists and sinful believers will commence at the time of death and continue in the subsequent stages in the Hereafter.

Actual statements of the Holy Qur’an and those of the traditions of Prophet Muhammad in connection with

justice of Allah to the believers and non-believers at the time of death are as follows:

Would that you could see these wicked people, when they are in the agonies of death and the angels would be out-streching their hands and saying, “Come, yield up your soul; today you shall be awarded a disgraceful torment for the false things you attributed to Allah and for the rebellion you showed against His Revelations ([161]). 

6. PROPHET MUHAMMAD: THE BEST JUDGE

Allah with His infinite mercy completed the institution of prophethood on Muhammad, who was Katim an-Nabiyyin.The Arabic word ‘khatim’ means the ‘last’ as well as the ‘seal.’ The meaning of the seal is also the last because the seal is applied to something when it is intended to be closed. The Holy Prophet has been called the seal of the Prophets, because the process of sending new Prophets came to an end on his advent. Because the Muhammad is the Last Prophet and the Holy Qur’an is the Last Revealed Book, so, the institution of justice was also completed on him.

Prophet Muhammad never deviated from the path of justice. In administering justice, he made no distinction between the Muslim and non-Muslim, rich and poor, friend and foe and broke all the bondage of religion, sect, nationality, territory, cast, creed, blood relations and every person was equal before the law.

A case came to him of Fatimah bint al- Aswad, a woman of Beni Makhzum who committed a theft. When the guilt was established, he passed on her the sentence of amputation of hand. She belonged to a powerful tribe. Her clansmen approached Usama bin Zaid to intercede on her behalf with the Holy Prophet to change the decision. When Usama called on him to plead in favor of the woman, he was much displeased with Osama and observed, “O Usama, how dare you intercede in the matter of punishment given in accordance with penalty fixed by Allah).” He then delivered a sermon on this issue, “O people! The previous nations met their doom because when a person of a distinguished family among them committed theft he was discharged; but when a poor man was guilty of stealing, they punished him. (These injustices brought destruction upon them). Allah is my witness if Fatimah, daughter of Muhammad had committed theft, I would have surely cut off her hand too.”   

Sakhr, a chief of a tribe, had helped the Muslims greatly in the siege Taif, for which Prophet Muhammad was very much obliged to him. Soon after, two charges were brought against Sakhr: one by Maghera, of illegal confinement of his aunt, and the other by Banu Saalim, of forcible occupation of his spring by Sakr. In both cases the Holy Prophet decided against Sakr ([162]).

 Once in a trial between a Jew and a Muslim, the Holy Prophet gave decision in favour of the Jew. This was the reason that in the state of Madinah in case of disputes between the Jews, Muslims, and other people, he was the judge and final court of appeal. 

 It was the proof of impartial and best judicial system of Prophet Muhammad that even the Jews who were his arch enemy used to bring their cases to him justice, and he decided their cases according to Jews law. He always had fair and just dealings with all people. He always helped the oppressed and opposed the oppressor; and he was the refuge of the poor, the asylum of the weak, the guardian of orphans and the protector of the weak segments of the society.

Prophet Muhammad is considered an ideal judge not only by Muslims, but, also by non-Muslims. In this regard the statements of eminent intellectuals are as follows:

“Prophet Muhammad in his dealings was just. He treated friends and strangers, the rich and the poor, and the powerful and weak, with equity, and was loved by the common people for the affability with which he received them, and listened to their complaints” (Washington Irving).

“Of all world religions, Islam seems to have attained the largest measure of success in demolishing the barriers of race, colour, and nationality” (Philip K. Hitti).

“Muhammad such as the brotherhood of all Muslims, their equality before law and God in spite of difference of wealth and station n life, and their mutual relationship and the duties arising out of these principles, became crystallized and stabilized by being linked to one’s inward loyalty and outward obligations to the one true God” (H. R. A. Gibb).

“Islam has never known classes and class warfare within its society, but the whole of the European history since the time of Grece and Rome is full of class struggle and social hatred” (H. R. A. Gibb).

 “Prophet Muhammad was at the same time supreme legislator, and not only promulgated legal statutes, but sat in judgment to decide cases, and against his decision there was no appeal” (Thomas Arnold).

“Islam proclaimed equality among human beings. Each Muslim was distinguishable from other Muslims not by reason of birth or any other factor not connected with his personality, but only by fear of God, his good deed, his moral and intellectual qualities” (Professor L. Veccia Vaglieri).

“God sent Prophet Muhammad to reform the world…. He was responsible for the emancipation of women and he made no distinction between a rich and a poor” (Pandat Gopal Krishna).

Prophet Muhammad’s approach to justice was comprehensive and all-embracing and it took into consideration all segment of the society. It is mandatory for every person in the society or state to discharge one’s duties properly; fulfil one’s responsivities towards others. For example, it is the responsibility of a judge to make decision strictly according to law and not based on his liking or disliking; the plaintiff should avoid from wrong litigations and is responsible to point out if some mistake is committed in making decision in his favour; the defendant should avoid from wrong oath to get some worldly benefits; the witness should not refuse to give witness and should give witness for the sake of Allah only without any fear and favor; the ruler, the administrator, and all those persons having authority over others are required to do justice by performing their duties honesty and treat their subordinate and juniors with equity. Likewise, the juniors should do justice by exploiting their potential in doing their prescribed duties and respect their seniors and officers. The Islamic justice system also takes into consideration duties and responsibilities of husband and wife, parents and children, relatives, friends, neighbours, etc. Moreover, the Justice system if it is proved that the plaintiff simply blamed the defendant there is prescribed punishment for the plaintiff.

Prophet Muhammad was the best judge among the human beings on the planet earth. He had the greatest sense of justice and equity before the law. Friends and foes, rich and poor, high and low, officers and subordinates, juniors and seniors, masters and slaves, and the Muslims and non-Muslims, were all alike before him while making any decision as a judge.

He established best judicial system in the history of human beings; gave detailed instructions to the judges, rulers, governors, administrators, officers, and businessmen, and even to husband and wife, industrialist and labour, master and servant, landlord and tenant, etc. to do justice by fulfilling their duties and responsibilities honesty and to the utmost of their capabilities and take care the rights of others under all situations. He offered incentives of doing justice and warnings relating to injustice. He not only explained the justice system theoretically, but, gave practically demonstrations in this connection. Moreover, he prepared a galaxy of eminent judges who continued his mission for long time.

7. FRAMEWORK OF JUSTICE SYSTEM

Guidelines of justice system developed Prophet Muhammad can be used to provide justice to every person in a state. Before discussing the framework, it is imperative to discuss briefly state related concepts under the prevailing conditions in the world. State is the most powerful of all social institutions and the highest form of human association. State is a definite territory in which people are bound to follow certain rules and regulations, have certain responsibilities and rights, and get opportunity to spend disciplined, happy and good life. State is divided into government and subjects whose relationships are well defined in the form of constitution. Elements of a state include human population, territory, sovereignty and government. State is not complete without any of these elements. Territory includes land, water and air-space. Government is the working agency through which the force of the state is formulated, expressed and realized. Sovereignty means supreme and final legal authority. State is independent and free from foreign and outside control. The state is generally composed of all citizens but every citizen is not a member of government. Membership of the state is compulsory but not that of the government. The state possesses sovereignty and government possesses no sovereignty, no original authority, but only derivative power delegated by the state through its constitution. It is important to clarify that citizen possess the rights to go against the government and not against the state.

Government is the organization of the state machinery through which its major activities are formulated and executed. Government is the highest authority in the state. Depending on the political system generally the highest authority is either president (head of state) or chief executive (prime minister). The branches, components or organs of the government are executive, legislature and judiciary.

The executive executes and enforces the laws passed by the legislature. Its other duties include maintaining peace and order; repelling aggression (violence); building relationships with other states; defence of state; raising and spending money;  implement projects and schemes, etc.

Legislature makes laws; does adjustment of the constitution; discusses and decides social, economic and political issues.

Judiciary is not a department of government and is independent of both the legislature and executive. Judiciary’s functions are to interpret and apply laws; administer justice; give advisory opinion on matters referred to it; issue orders or writs for the purpose of preventing violation of rights and laws; protects constitution and fundamental rights of the people; applies laws to specific cases and settle disputes; enforces the decisions and judgments; determines the meaning, nature and scope of the laws passed by the legislature; protects citizens against the possible excesses of legislature and executive; awards punishment to the criminals and violators of laws of the state; and plays special role in a federation.  Where a law is silent or ambiguous the judges decide cases on the basis of deductions.

The justice system developed by Prophet Muhammad covered all aspects of the the state and society. Under this system doing justice is the responsibility of every person and every person in the state and society gets justice. In this connection he described responsibilities and duties and rights of everyone. The frame work of justice system is briefly described on the basis of major components of the state: executive, legislature and judiciary.

7.1. Executive and Legislature

Ruler here means president, prime minister, minister, governor, bureaucrat, manager, in charge of any organization, etc. In this context role of every person with some authority is very important in the establishment of justice in society or state. It is the duty of every such person to do justice with people working under him.

The ruler is a shade of Allah on the earth; and shelter to weak people. He is a guardian of his people. It is the duty of Islamic State to safeguard the people against dissension, disorder, disturbance, and oppression; to secure them from attacks from outside, and to make provision for all their intellectual and material needs. A principal duty of the Islamic State is to safeguard the security of the state, and to maintain its defence arrangements in proper condition. The ruler should have faith in his people and should avoid from doubt. If a ruler dies being displeased with public Allah will make Paradise unlawful for him.  On the Day of Judgment, the just ruler will be nearest to Allah and his abode will be in Paradise, while the tyrant ruler will be purified and would receive the most severe punishment; and Allah will not look or speak to him and will be away from him. It is evident from the following traditions of the Holy Prophet: 

Abu Sayeed reported that the Prophet said, “Verily the dearest of men near Allah on the Resurrection Day and the nearest of them before Him for company will be a just ruler, and verily the most disagreeable of the people near Allah on the Resurrection Day and one deserving of the most severe punishment among them (in a narration: the most distant of them in company to Him) will be a tyrannical ruler” ([163]).

Abu Hurairah reported that the Messenger of Allah said, “There will be three persons with whom Allah will not speak on the Resurrection Day, nor shall He purify them (in a narration, nor shall He look at them); and for them, there will be grievous punishment: An old fornicator, a false speaking king and a proud beggar” ([164]) .

Ibn Omar reported that the Messenger of Allah said, “Verily the Sultan is a shade of Allah on earth. Every oppressed man out of His servants takes shelter to him. When he administers justice, there is reward for him, and there is gratitude on the part of the subjects; and when he oppresses, there is sin on him, and there is then patience upon the subject” ([165]).

Omar bin al-Khattab reported that the Messenger of Allah said, “Verily the best of the servants of Allah in rank in the sight of Allah on the Resurrection Day will be a ruler, just and kind; and verily the worst of men in rank in the sight of Allah on the Resurrection Day will be a ruler, tyrannical and hard-hearted” ([166]).

Ayesha reported that the Prophet said, “O Allah! Whoso is given power over any of the affairs of my people and then he gives trouble to them, give trouble to him; and whoso is given power over any of the affairs of my people and then he shows mercy to them, show mercy to him” ([167]).

Abdullah bin Omar reported, “I heard the Messenger of Allah say, ‘There is no man who is appointed by Allah to look after the subjects and who afterwards does not come down to them with admonition except that he will not find fragrance of Paradise” ([168]).

Abu Omamah reported from the Prophet who said, “When a ruler seeks to have doubt in men, he makes them revolt” ([169]).

Maqal bin Yasar reported that Messenger of Allah said, “There is no ruler ruling over some Muslim subjects and then dies being displeased with them except that Allah will make Paradise unlawful for him” ([170]).

It is the obligation of the rulers and administrators to make all the appointments on the basis of merit and competency. According to Holy Qur’an every important position is amanah which should be handed over to properly and duly to the person who has the ability to do it properly. He should best in the available human resource. It is not permissible to for any one ask for any position.

It means that those who hold power in a country must, first of all, fulfil their trust obligations, a bounden duty which has to be discharged correctly and properly. Consequently, they must appoint only those to the offices of the government who prove to be the best of the lot in terms of their ability to perform the required job and in terms of their trustworthiness and honesty. In this matter, no back-doors should be opened by acting on the basis of friendship, relationships, connections, recommendations and bribes. If this is not done, the result will be that gangs of the undeserving, and incapable, or hosts of usurpers and tyrants will take over all offices and entrench themselves. When this happens, those at the highest level of power and authority cannot, even if they genuinely wish to usher an era of equality and justice in the country, do anything about it. The whole thing will just become impossible because these very officials of the government are supposed to be the functionaries of the government through which it acts. When these officials turn pilferers of the trust or are flatly incapable of performing the duty entrusted to them, how can equity and justice have installed in the system?

In both executive and legislature, the selection criteria is of paramount importance. Public selects the legislatures. The legislatures select the head of the state or chief executive. While the government selects almost all officers and officials. The selection criteria of every person entrusted with authority should be strictly on merit. In the selection of judges there should not be any involveent of political leadership. A judge must be qualified, courageous, selfless, impartial, and with balanced personality. The qualifications of a judge in addition to degree should be bold, deeply insightful, with decision power, have ability to resist pressure, and with balanced personality. He must not be absent-minded and neglectful. He should not be short-temper and must have the ability to control his anger under all situations. He must possess the capacity for independent juristic reasoning. He must have thorough knowledge of the Qur’an and Sunnah to know where to find general and specific legislations. A judge should be of good conduct and behaviour. In short, a judge should decide cases without any fear and favour.

The position of judge is very sensitive and every judge should be very careful while accepting his or her assignment. It becomes clear from the following tradition of the Holy Prophet:

Abu Hurairah reported that the Holy Prophet said, “Whoever is appointed judge between the people, he has been slaughtered without a knife” ([171]).

He has been slaughtered without a knife is an indication towards the sensitivity of the post of the judge, and the difficulties in the performance of this duty. Judging people’s disputes and making the right decisions is very big and sensitive responsibility. If a judge makes wrong decision due to certain incentive, pressure, hate, love, or favour he will go to Hell. The right decisions are guarantor for permanent peace and tranquillity in society, whereas the consequences of wrong decisions appear in the form of anarchy and mischief.

It is not permissible for anybody to ask for any important post. It is evident from the following traditions of Holy Prophet:

Abdullah bin Omar narrated that the Messenger of Allah said, “Behold! Each one of you is a king, and each one of you will be asked about his subjects. A leader is a king over the people and he will be asked about his subjects; a man is a king over the members of his household and he will be asked about his subjects; a woman is a queen over the members of the household of her husband and of his children and she will be asked about them; a servant of a man is a king over the property of his master, and he will be asked about it. Behold! Each one of you is a king, and each one of you will be asked about his subjects” ([172]).

Abu Zarr reported said, “O Messenger of Allah will you appoint me a collector? He struck upon my ankles with his hand and said, ‘O Abu Zarr, you are a weak man while it is a trust; and it will be disgrace and repentance on the Resurrection Day except for one who takes its duly and fulfill what is entrusted to him therein. O Abu Zarr! Verily I find you weak and I love for you what I love for myself. Don’t rule over two men and don’t be a guardian over the property of an orphan’” ([173]).

Abu Musa reported, “We went to the Prophet, I and two of my cousins. One of them said, ‘O Messenger of Allah, make me governor of some land over which Allah gave you power.’ The other said like that. He said, ‘By Allah, we appoint none in this post who seeks it, nor anyone who is greedy for it.’ In a narration, he said, ‘We do not appoint those in our post who wish it’” ([174]).

 Abdur Rahman bin Samorah reported that the Messenger of Allah said, “Don’t seek to rule because if it is given to you for asking, you will be entrusted to it; and if it is given to you without asking, you will be aided therein” ([175]).

O Muslims, Allah enjoins you to give the trusts into the care of those persons who are worthy of trust ([176]).

The Holy Qur’an gives guidelines to people in the selection of their rulers. Under existing conditions, the right of vote is the trust with the people and everyone should use this right on the basis of merit not on any other base such as blood relation, friendship, cast, sect, etc. They should choose their leaders who are knowledgeable, visionary and Sadiq and Amin. The same principle applies in the selection of president, prime minister, chief ministers, governors, ministers, bureaucrats, and administrators, etc.

7.2. The Judiciary

The Holy Prophet was a judge by virtue of his Divine appointment. Hence, he possessed complete judicial powers. The guiding principle concerning the judicial system was that justice should not only be done but it should be done publicly. All the cases were heard in the open court. No decision was made without hearing the parties concerned and no one was deprived of any of his rights without an opportunity of defence.

Independent and impartial judiciary is pre-requisite to provide cheap and quick justice to the masses. Justice ensures development and growth in the society on right direction but injustice is a major handicap in this regard and gives rise to numerous evils in the society. Justice creates peace, but, injustice gives rise to conflicts, quarrels, and restlessness in the country.

In Islam, judiciary is quite independent of the executive. A judge (Qazi) is not a representative of a ruler (Ameer) but that of God. All stand equal in the eye of an Islamic law of justice. There were numerous instances in which even the rulers were subjected to law just like an ordinary person and appeared before the judge for trial. A judge must make decisions of disputes and cases quickly. As a matter of fact to make delay in providing justice may be considered as injustice. Prophet Muhammad (PBUH) established very high standard of justice and his companions maintained that standard. In various instances were made in favor of non-Muslims and against the Muslims.

O Muslims, God enjoins you to give the trusts into the care of those persons who are worthy of trust and judge with justice, when you judge between the people. Excellent is the counsel that God gives you, for God hears everything and sees everything (4:58).

O Believers, be you the standard-bearers of justice and witness for the sake of God, even though your justice and your evidence might be harmful to yourselves, or to your parents, or to your relatives. It does not matter whether the party concerned is rich or poor: God is their greater well-wisher than you; therefore, do not follow your own desire lest you should deviate from doing justice. If you distort your evidence or refrain from the truth, know it well that God is fully aware of what you do ([177]).

Salient features of the judicial system include: (i) As for as possible, people should be saved from punishment; (ii) to err in acquitting a culprit was better than punishing an innocent man; (iii) people were encouraged to settle their disputes by themselves; (iv) once a matter reached a court of law, it could neither be overlooked nor forbidden. Thereafter only the court could decide the matter in accordance with the law; (v) any attempt at influencing judgment of a court was strictly forbidden. The judges had full freedom to decide the matters in conformity with the Qur’an and Sunnah, at his own discretion without any fear or favour.

 Man by nature likes to live in community. At the time of birth, he is very weak and needs intensive and extensive care and love and affection of his parents. At first, he is too weak; then gets some strength and starts dragging his body, then initiates crawling on his knees before he is able to stand on his feet. Even at this stage he is dependent of his parents. Then he starts his education and is dependent on his parents for financial resources, food, dress and other needs; for education depends on his teachers and fellow students. After the completion of education, he gets the job and he has to interact with his officers, colleagues, juniors, etc. for discharging his duties; a farmer has to interact with a number of departments and persons for getting good crop yields and for the marketing of his produce; the case of a businessman is also not different much. In short, every person, belonging to any profession has to depend on other peoples. At the old age dependence of others further increases. The relationships are of varied nature such as relationships by lineage, relationships by fosterage, relationships by marriage, and relationships based on religion. Islam has described in details all these relationships and very clearly described the rights and responsibilities each and every relationship.

Abu Hurairah reported that the Prophet said, “He who has been appointed a judge among the people has been killed without a knife ([178]).

Abu Hurairah reported that the Messenger of Allah said, “If anyone seeks the office of judge among Muslims till he gets it and his justice prevails over his tyranny, he will go to Paradise; but the man whose tyranny prevails over his justice will go to Hell ([179]).

Anas bin Malik reported that the Holy Prophet said, “If anyone desires the office of judge and seeks help for it, he will be left to his own devices; if anyone does not desire it, nor does he seek help for it, Allah will send down an angel who will direct him aright ([180]).

Ali bin Abu Talib said that that Apostle of Allah sent me to Yemen as judge, and I asked: Apostle of Allah, are you sending me when I am young and have no knowledge of the duties of a judge? He relied, “Allah will guide your heart and keep your tongue true. When two litigants sit in front of you, do not decide till you hear what the other has to say as you heard what the first had to say; for it is best that you should have a clear idea of the best decision.” He said, ‘I had been a judge (for long) I have no doubts about a decision afterword ([181]).

Mu’aid bin Jabal reported that when the Apostle of Allah intended to him the Yemen, he asked: “How will you judge when the occasion of deciding a case arises?” He replied, ‘I shall judge in accordance with Allah’s Book.’ He asked: What will you do if you do not find any guidance in Allah’s Book? He replied, ‘I shall act in accordance with the Sunnah of the Apostle of Allah.’ He asked, ‘What will you do if you do not find any guidance in the Sunnah of the Prophet and in Allah’s Book?’ He replied, “I shall do my best to form an opinion and I shall spare no effort.’ The Apostle of Allah then patted on my breast and said, ‘Praise be to Allah Who has helped the Apostle of Allah to find something which pleases the Apostle of Allah ([182]).

Khuraym bin Fatik reported that Apotle of Allah said, “False witness has been made equivalent to attributing a partner to Allah. False witness has been made equivalent to attributing a partner to Allah., and False witness has been made equivalent to attributing a partner to Allah, not associate anything with Him” ([183]). 

 Making justice is the responsibility of the judge, plaintiff, defendant, the lawyer and the witness. Necessary instructions for the judges in making decisions, rewards of making justice and punishments and warnings in case of injustice are available in the following traditions of the Prophet Muhammad:

The Messenger of Allah said, “When a judge wishes to pass a decree, and then strives hard and decides justly, there are two rewards for him; but when he wishes to pass a decree, then strives hard but commits mistake, there is one reward for him.” (Bukhari, Muslim). “Judges are of three types: one type will be in paradise and other two in Hell. As for one who will be in paradise, he is the one who recognizes truth and gives a decree accordingly, and a person who recognizes truth but is injust in decree is in the Hell, and a man who passes decree for the people out of ignorance is in Hell.” (Abu Dawud, Ibn Majah) “Verily Allah is with a judge so long as he is not unjust. When he is unjust, Allah goes off from him and the devil keeps attached to him” ([184]).

Abu Bakrah reported that the Messenger of Allah said, “No judge shall pass a decree between two men while he is angry” ([185]).

There is a great wisdom in the statement “Judge should not pass judgment when angry.” Anger is the most dangerous emotion of a person. It increases blood pressure, blood sugar, cholesterol, heart beat and decreases the diameter of blood vessels. The intellectual faculty of a person does not remain stable in a state of anger; and due to sentimental factors, the reflection upon all aspects of the matter becomes almost impossible. So it is a risk, that the decision given in the state of anger may be incorrect. It seems to pose a danger to the rational and unbiased decision making. Moreover, Iblis uses the tool of anger to mislead people especially to judges. 

Abdullah bin Amr and Abu Hurairah reported that the Messenger of Allah said, “When a judge wishes to pass a decree, and then strives hard and decides justly, there are two rewards for him; but when he wishes to pass a decree, and then strives hard but commits mistake, there is one reward for him” ([186]).

Boraidah (Buraydah) reported that the Messenger of Allah said, “Judges are of three kinds: One kind will be in Paradise and the two in Hell. As for one who will be in Paradise, he is a man who recognizes truth and gives a decree accordingly, and a man who recognizes truth but is unjust in decree is in Hell, and a man who passes decree for the people out of ignorance is in Hell” ([187]).

It is evident from above traditions of the Holy Prophet that a judge should strive hard to verify the truth. It is not justice to give a decision after a minor hearing without the proper investigation in order to verify the truth. When it is certain that such and such party is in the right, then giving a decision in favour of the other party is injustice. Its chastisement is Hell. This injustice may sometimes give a temporary worldly benefit and this type of benefit is worst type of bribery.

Justice system in Islam gives guidelines for Plaintiff and Defendant. In this regard lot of information is available in the Holy Qur’an and the traditions of Prophet Muhammad.

Abu Hurairah reported that the Messenger of Allah said, “I am only human, and some of you may be more eloquent in presenting your case than others. If I pass a judgment in his favour that detracts from his brother’s rights, I am giving him a piece of fire” ([188]).

Omme-Salamah reported that the Messenger of Allah said, “I am only a man and verily you quarrel before me. Perhaps some of you may be more eloquent with his arguments than others that I may give decree in his favor according as I hear from him. Whoso is therefore given a decree by me for him on account of something out of the properties of his brother, he shall not take it, as I shall then out a piece of the Fire for him ([189]).

In a narration he said, “Whatever I decide for him which is part of the right of his brother, he must not take any of it, for I am granting him a portion of the Fire.” ([190]).

Al-Ash’as bin Qais reported that a man of Kindah and a man of Hazramaut Quarrelled before the Messenger of Allah regarding a land in Yemen. The man of Hazramaut said, “O Messenger of Allah, verily my land has been usurped by force by the father of this man, and it is now in his possession.” He asked, “Have you got proof? “No” said he, “But I shall administer him an oath. By Allah, he does not know that the land is mine. His father took it from me by force.” The man of kindah was about to take oath when the Messenger of Allah said, “No body shall take away a property by oath but will meet with Allah with hands cut off.” The man of Kindah said, “That is his land” ([191]).

Abu Dharr reported that he heard the Messenger of Allah say, “Whoever claims something that does not belong to him; he is not one of us then let him take his place in Hell.” ([192]).

 The statements given in the above traditions clarify that based on the arguments a judge may make mistake in his judgment. With the decision of the judge the unlawful thing does not become lawful.  The decision of a judge has an apparent implication, but does not change any true reality which is not visible. In other words, if the claimant knew that the claim was false, he was then not allowed to take the other’s right, although the decision had been made in his favour. ‘Neither will Allah speak to them’ means He will not address them with mercy and pleasure rather He will reckon him with anger, rebuke and admonition. Under such situation it is the duty of the person who gets favour, to point it out before the implementation of the decision. 

Amer bin Shuaib reported that the Messenger of Allah said, “Proof is upon the plaintiff and oath is upon the defendant ([193]).

Generally, the burden of proof rests with the plaintiff and an oath is required from the one the claim is made against. The defendant will take the oath; and he will testify by swearing in the Name of Allah to prove his claim to be true. If the plaintiff is unable to produce witness or proof then both the parties has the right to take oath. Under such situation drawing lots will decide who should swear. False oath is a major sin, particularly when its purpose is to wrongfully take the property of another person. False evidence is equal to Shrik (polytheism).

Kheram bin Fatek reported that the Messenger of Allah said, “False evidence has been made equal to the setting up of partner with Allah.” He repeated this thrice” ([194]).

The Arabic word Wakeel (lawyer)means the disposer of affairs, the guardian, and the supporter.  “Wakeel” is a person in whom one has complete faith; so much so that one can entrust all one’s affairs to him with full satisfaction of the heart.

Legal profession plays an important role in the administration of justice. As the part of legal profession, lawyers have unique roles of creating proper image and building confidence and trust of public through observing certain codes of ethics. The word ethics is derived from the Greek word ethos, which means character. In Islam, the word ethic is synonym with the term adeb and khuluq. These two terms denote good behaviour or a standard of conduct to be observed in social interactions.

A lawyer must be honest and competent in order to ensure that judges are able to deal with the cases that come before them justly, and he must be truthful and honest in conducting cases in court both by argument and as well as the manner of bringing out the evidence. The lawyer should not be influenced by others, not to involve in bribe, not to wary of litigants and encourage reconciliation. He should charge fees which are reasonable and proper. He should facilitate judiciary to make decisions on sound basis.

A lawyer should be competent and knowledgeable; truthful; upholding the Command of Allah; encouraging others to uphold the Command of Allah; honest to clients; to represent the client with full responsibilities; to advise for reconciliation where necessary; during the trial to assist the court in providing facts. He must be punctual, honest and competent. It is his duty to file an appeal in case of dissatisfaction of the client with the decision. A lawyer should not take a case in which he knows his client is on the wrong side; he should not encourage his client to give fabricated statements or should not produce wrong witnesses or force the witness to give wrong statements. He should also not pressurize the judge with the help of his fellow lawyers. A lawyer should not betray the Command of Allah in order to win the case. In Islam, lawyers are accountable not only to their clients but also to Allah.

The Witness is of paramount importance in Islamic justice system. Everyone cannot be a witness. A witness must possess certain qualities and qualifications. The witness must be knowledgeable and just. He must have knowledge of the matter that has been witnessed. He must have present at the event in order to have witnessed it himself; he must be present in the court to report it without alteration and evasion. He must not avoid, conceal, or alter testimony. No personal, communal or economic factors should influence the mode of giving witness or abstention from it. The witness should be for the sake of Allah and for the sake of justice without any favor to any person. It should base on truth and without any influence from any factor. One should speak truth as witness even it is against his friends, relatives, parents, children, or even against oneself. He must be bold enough to bear the pressure or selfless to decline incentives under all circumstances.

The statement of the Holy Qur’an ‘be you the standard-bearer of justice’ imply that you have not only to do justice but have also to bear the standard of justice in order to eradicate injustice and establish right and justice in its place. One should support justice whenever one’s support is needed. The sole aim of one’s testimony should be to please Allah without any tinge of partiality or self-interest or fear or favour in it. 

The statement of the Holy Qur’an ‘be you the standard-bearer of justice’ imply that you have not only to do justice but have also to bear the standard of justice in order to eradicate injustice and establish right and justice in its place. One should support justice whenever one’s support is needed. The sole aim of one’s testimony should be to please Allah without any tinge of partiality or self-interest or fear or favour in it. 

O Believers, be you the standard bearers of justice and witness for the sake of Allah, even though your justice and your evidence might be harmful to yourselves, or to your parents, or to your relatives. It does not matter whether the party concerned is rich or poor: Allah is their greater well-wisher than you; therefore, do not follow your own desire lest you should deviate from doing justice ([195]).

O Believers, be steadfast in righteousness and just in giving witnesses for the sake of Allah; the enmity of any people should not so provoke you as to turn you away from justice. Do justice for it is akin to piety ([196]).

The words “Be you the standard bearers of justice,” are very significant and imply, “You have not only to do justice but have also to bear the standard of justice in order to eradicate injustice and establish right and justice in its place. As Believers, you have to gird up your loins to support justice, whenever your support is needed.”

Ayesha reported that the Messenger of Allah said, “The deposition of a treacherous man and a treacherous woman is not admissible, nor of a man who has been whipped for an ordained crime, nor of a man who has enmity with his brother, not of a slave who attributes his freedom to a stranger, not of a relative, not of a man who is pleased with the members of his family” ([197]).

Zaid bin Khalid reported that the Messenger of Allah said, “Best of witnesses is the one who comes with his deposition before he is asked for” ([198]).

Omar said, “The testimony of someone known to bear grudge or to be unreliable is not accepted” ([199]).

The qualifications of witnesses: The witnesses should be trustworthy, and not the sinner or liars.

Giving witness is an obligation not option. The best witness is the one who offer one’s services voluntarily. The Holy Qur’an directs the people that they should not refuse to be witnesses when it is required from them, since evidence is the way to revive truth and the method to resolve disputes. Even if there is trouble in giving evidence, it should be tolerated, taking it as a national duty. Under its system of justice, Islam has forced the witnesses to appear in court, and has made the concealment of evidence a grave sin; but at the same time, the other side of picture has also been duly taken care of, so that people are not made stay away from testifying. It was the effect of this two-way precaution that truthful and selfless witnesses were available in every case, and cases were decided easily and quickly true to the demand of justice. Now real and true witnesses in cases became virtually extinct. Professional witnesses make no distinction between the lie and truth, or right and wrong. 

Witness should not suffer. Causing harm to the witness is prohibited.

As the establishment of the truth of a case depends to a great degree on the reliability of witnesses, a very high standard of qualification is demanded of them. Only those persons who are known to lead respectable lives and bear good moral character and are honest should be made witnesses. No one should be forced to become a scribe or a witness against his will, and no one should harass the scribe or the witness just because he gives true evidence against the interests of any party.

7.3. The Establishment

 “Establishment is an informal political system that (ties) together the senior ranks of the military, the civil service, key members of the judiciary and other elites” (Stephen P. Cohen).

The meaning of establishment is different in different countries. Some people are of the view that establishment is a strong policy maker team that would work for the betterment of the state. Other people are of the opinion that it denotes a dominant group or elite that holds power or authority in a nation or organization. It may be a closed social group which selects its own members or specific entrenched elite structures, either in the government or in specific institutions. According to some other people it refers to the ruling class, elite, and structures of the society that they control.

Establishment may be visible and invisible. Visible establishment is an important component of the state at national level and in different provinces, departments and organizations. In broad sense the invisible establishment may include senior civil servants, technocrats, military leadership, key members of the judiciary, elite civilians, politicians, senior barristers, aristocrats, senior clergy, industrialists, feudal lords, financiers, and media moguls, etc. It is informal and usually a time-based or issue-based temporary group of influencial individuals or heads of prominent organizations in a state. Such establishment may come into being and in action at local level or through foreign intervention. Such establishment may be for the betterment of the state or a conspiracy against it.

The situation in Pakistan is not satisfactory and majority of people want to break status quo, but they are not making efforts in an organized way. In the country in spite of change in the political set up or a shift from a civilian to military power or vice versa the regime that rules the country manages to cling to power in one way or the other. It is a fact the country has been run by a few families that dominate the all-powerful spheres of the contrary. These families formed the backbone of every government in the country. They have strong say in the government and make policies that benefited them and not the state. They also resorted to changing political allegiances and horse-trading in order to safeguard their vested interests.

It has been estimated that twenty families control 66 per cent of the country’s economy, 70 per cent of insurance and 80 per cent of banking assets ([200]).

Invisible establishment is an influential force which may emanate from the nexus of military-feudal-bureaucrats-mullahs-the intelligence operative wings-foreign agencies which rules the country in every government and dictates its own policies. Ruling regime is invisible, extremely powerful and very coordinated.

“There is always an invisible hand behind the development we witness around us. A hand that is unknown to us but possesses great influence over the existing system globally” (Adam Smith).

Invisible hand is an influential force which may emanate from the

Corruption and incompetency of the politicians jeopardises the political stability and make it vulnerable to hostile takeover. 

Religious leaders are considered the fourth pillar of the establishment. Bureaucracy instead of maintenance of the political system in order to ensure the continuity of the state policies, political stability, the rule of law, promotion of economic development is deeply mired in corruption, nepotism, cronyism, etc. It utterly failed to provide good governance. It engages itself in the game of power brokering and seeking favours from the government to safeguard its interests. The incompetence and lack of transparency in top policy-making institutions provides opportunity to opportunists to avail vested interests and stay in power regardless of the change in regimes. 

They are part of the military, bureaucracy, politics, civil service and draw their core support from the elite. They form the system that runs the country whether it is under a martial law or a civilian democracy. Every government in Pakistan mainly comprised of people who were landlord, powerful bureaucrats, military top brass and influential religious leaders.

It is the need of time that institutions take up the roles in which they are specialized. Each national institution is required to act appropriately and perform its role as defined by the constitution. Each institution must be at freedom to perform its duties ensuring national interest prior to all others.

It is the obligation of influential individuals or powerful organs of the state to do every act and effort for the betterment of the state and for the welfare of the people. Every member of such establishment should try one’s capabilities and resources to establish rule of law, harmony among different segments of the society and save the state from corrupt elements. It is duty of every influential individual or group of influential people to uproot evil with force. If they are not in a position to do it alone, they should join hand in this endeavour with other likeminded people and do their level best to establish justice and uproot injustice and its causes. In this connection they should strictly follow the commandment of Allah and the teachings of Prophet Muhammad. 

7.4. The Public

Every citizen of a state is included in public. Generally, every person in the state from peon to president or prime minister; soldier to chief of army staff; worker to head of political party; labour to industrialist; tenant to landlord; peon to chief justice; and every person belonging to any profession has the right of vote in the election, has some duties to perform; answerable to someone in one way or the other, has family, relatives, colleagues and neighbour, etc. It means every person has certain duties towards others in different capacities. So every person in a state is bound to do justice. 

It is the duty of every person in a state to use the right of vote properly. When a leader is selected then it is the obligation of every citizen to cooperate with the leader under all situations, but, do not obey him if he orders against the commandments of Allah and the teachings of Prophet Muhammad. It is evident from the following traditions of the Holy Prophet:

Abu Hurairah reported that the Messenger of Allah said, “Whoso obeys me, obeys Allah; and whoso disobeys me disobeys Allah; and whoso obeys a ruler, obeys me; and whoso disobeys a ruler, disobeys me. Verily an imam is a shield who fights in his absence and protects him. If he enjoins to fear Allah and does justice, there is reward for him for that; and if he enjoins otherwise, there is against him therefrom” ([201]).

Ayed bin Amr reported that he heard the Messenger of Allah say, “Verily the worst thing in administration is rebellion” ([202]).

Rebels are those who bring disorder in a land by rising against the constituted authorities or established laws of the land. As Allah loves peace and sent His Apostle as the great harbinger of peace, He has strongly condemned rebellion, disorder and dissension in the society, and He has therefore sanctioned the extreme penalty of law i.e. death for the perpetrators of the crime according to the exigencies of time and circumstances. This is the political weapon of Islam for suppression of rebellion and disorder. Rebellion is greater than murder (2:217).

Ibn Omar reported that the Holy Prophet said, “There is hearing and obeying on a Muslim in what is pleasing and displeasing to him so long as he is not ordered with a sinful act. When he is ordered with a sinful act, there is no hearing and obeying” ([203]).

Ali reported that the Messenger of Allah said, “There is no obedience in transgression. Verily obedience is in good deeds” ([204]).

Auf bin Malek al-Ashjayi reported that Messenger of Allah said, “The best of your Imam are those whom you love and those who love you and those to whom you send blessings and those who send blessings to you. The worst of your Imams are those whom you hate and those whom you curse and those who curse you.” We asked, “O Messenger of Allah, shall we not then over throw them at that time?” “No”said he, “Till they establish prayer among you; no, till they establish among you except one over whom a governor is appointed. He will then see whether he does anything in transgression of Allah’s law. Let him dislike what he does regarding transgression of Allah’s law, he must not take off (his) out of allegiance” ([205]).

Abu Sayeed reported that the Prophet said, “The best Jihad (that of) one who says a true word to a tyrannical king” ([206]).

Muwayiah reported that the Messenger of Allah said, “When you follow the secrets of men, you raise them to revolt” ([207]).

Nawas bin Samwan reported that the Holy Prophet said, “There is no obedience to the created in disobedience to the Creator” ([208]).

Allah Commands in 6:151-153 verses of the Qur’an to give full weight and full measure in all fairness. The word bi al-qist, translated as ‘in all fairness,’ applies to a transaction in which the giver does not decrease anything from what is due to be received by the other party – and the receiver does not take anything more than what is due to come to him from the giver. Weighing and measuring short in common give and take of things has been strongly forbidden by the Qur’an. Severe warning to those who do that appears in Surah 83.

Give full measure and do not give people less than what is due to them; weigh with even balance and do not cheat people of their goods ([209]).

You should use a full measure and a just balance. We charge one only with that much responsibility that one can bear, and whatever you say should be just, even though it is concerning your own relatives ([210]).

Whoso tries his very best to be just and right in measuring, weighing, and carrying out other trade transactions, he will be absolved of his responsibility and will not be taken to account, if in spite of his best efforts, there happens to be an unintentional error.  

Jabir reported that the Messenger of Allah said, “May the mercy of Allah be on the person who is lenient when selling by giving more than the due; and is also lenient by not taking more than the due – instead, accepts in good grace, even it happens to be somewhat short of it” ([211]).

He (Shuaib) said, “A clear guidance has come to you from your Lord: you should, therefore, give full measure and weight, and do not defraud the people of their goods, nor spread disorder on the earth after it has been set aright: this is better for you, if you are true Believers. And do not lie in ambush by every path (of life) as robbers, in order to frighten the people nor debar from Allah’s Way those who believe in it, nor seek to make the Right Way crooked ([212]).

Give full measure when you measure and weigh with even scales when you weigh. This is the best way and will prove to be the best in the end ([213]).

This instruction was not confined to individuals only but it has been made a part of the duties of an Islamic Government to supervise transactions in the markets and streets to see that exact measures and weights are being observed, and prevent their breach and violation by the force of law. Afterwards it was made one of the duties of the government to eradicate dishonesty in all commercial dealings and economic transactions. It is best in this world because it produces mutual trust between sellers and buyers. As a result of this, commerce prospers and there is a general prosperity. As regards the Hereafter, there the end depends wholly on honesty, piety, and fear of Allah ([214]).

(Shuaib said to people of Aykah), “Give full measure and do not give people less than what is due to them; weigh with even balance and do not cheat people of their goods; and do not spread evil in the land ([215]).

 Documentation in business transactions includes the role of seller, purchaser, scriber and witness. Writing down document of deeds is necessary. Agreement, big or small, should invariably be written down.  Written of the document should not be taken as sufficient. It should rather have witness as well so that, in case there is a dispute, the appearance of witnesses in the court could help resolve it. Simple writing of an agreement is not a conclusive proof in the sight of Islamic Shariah.

At the time of the revelation of Qur’an almost the entire business of the world was conducted verbally. The principle of writing and retaining document did not exist. It was the Qur’an which first pointed out to its importance. There should be nothing vague about it. The scribe should not be prejudiced in favor of one of the parties. He should be impartial so that there remains no scope for doubt or concern for anyone. Allah has given him the ability to write, for which he can show his gratefulness by not refusing to write.

O Believers, when you contract a debt for a fixed term, you should put it in writing. Let a scribe write with equity the document for the parties. The scribe whom Allah has given the gift of literacy should not refuse to write. Let him write and let the one under obligation (the debtor) dictate and he should fear Allah, his Lord, and should not diminish from or add anything to the terms which have been settled. But if the borrower be of low understanding or weak or unable to dictate (for any reason), then let the guardian of his interests dictate it with equity. And let two men among you bear witness to all such documents……. The witness should be from among such people whom you approve of as witness. When the witnesses are asked to testify, they should not refuse to do so. Do not neglect to reduce to writing your transaction for a specified term, whether it be a big or small. Allah considers this thing more just for you, for it facilitates the establishment of evidence and lessens doubts and suspicions………. The scribe and the witnesses should not be harassed: if you do so, you shall be guilty of sin. ([216]).

Allah admonishes that agreements concerning debt and business should be recorded and testified by witnesses in order to keep the affairs of the people clean.

It is evident from a tradition of the Holy Prophet that those who lend money to others without any document or evidence on the Day of Judgment will cry out to Allah for help but will not be answered.

And, if any one transacts a piece of business with another merely on trust, then the one who is trusted should fulfil his trust and fear Allah, his Lord. And never conceal evidence for he who conceals it, has a sinful heart: Allah knows everything you are doing ([217]).

Abdullah bin Abbas reported that the Holy Prophet said, “Weighing and measuring is a line of duty being unfair which has caused many communities before you to be destroyed by Divine punishment (so be fully cautious) in this matter” ([218]).

Jabir reported that the Holy Prophet said, “May the mercy of Allah be on the person who is lenient when selling by giving more than due; and is also lenient by not taking more than due – instead, accepts in good grace, even if it happens to be somewhat short of it” ([219]).

Ibn Abbas reported that the Messenger of Allah said to the owners of measurement and weight, “You have been certainly entrusted with two affairs about which the former nations before you were destroyed” ([220]).

“Concealing of evidence” applies equally to the evasion of evidence and also to the concealment of the true facts while giving evidence.

 “A man is guardian of his family and is responsible for them.” Husband is the head and the over-all supervisor of a family and it is his responsibility to maintain order and discipline in his domain, and do justice to every member of the family socially and economically. The justice also demands to maintain balance in the relationships with his relatives and the relatives of his wife. If his parents are in old age, he has to care of all things as he is answerable to Allah has stresses much to remain abide by to his parents. Says Allah in the Holy Qur’an, “Do good to parents (4:36), if one of them or both of them attain old age in your life, say not to them a word of disrespect, nor shout at them but address them in terms of honour (17:23). Children have the right to be fed, clothed, and protected until they reach adulthood. They have the right to enjoy love and affection from their parents and have the right to education. The Holy Prophet said, “A father gives his child nothing better than a good education.” ([221]).

It is evident from 4:135, 5:8, and 57:25 verses of the Qur’an that establishing and maintaining justice and being steadfast on it is not simply the duty of governments and courts. The instruction has been given to every human being obligating him or her fulfil the demands of justice by being personally firm about it and, at the same time, by making efforts that others to stay equally firm about seeing justice done. In this connection doing or adhering to justice is the responsibility of a judge, plaintiff, defendant, witness, lawyer, ruler administrator, businessman, husband, wife, father, mother, son, daughter, neighbour, master, servant, etc. We can conclude this chapter by a sentence that Islam emphasizes that justice is for all and the obligation of everyone.

8. ROLE OF JUSTICE IN ACHIEVEING PEACE AND TRUE SUCCESS (FLAH).

The Holy Qur’an refers to at least seven important dimensions of adl (justice): (1) Tawhid, (2) rule of law and equity and value of human life, (3) political liberty and freedom, (4) Rational behaviour, (5) gender relations, (6) religious freedom and pluralism, and (7) legal Justice. These seven dimensions cover almost all aspects of justice.

Needless to say, peace and justice, as recurring themes in the Qur’an enjoy a central place in the Islamic scheme of thought. Their manifestations take place at individual as well as collective levels. The concept of peace in the Qur’an also appears directly linked with the principle of Tawhid. Tawhid being the be-end and be-all in the Islamic framework of thought implies conscious removal of conflict and contradiction in one’s conduct, attitude, behaviour and in social transactions. The coherence, cohesion and utilization thus achieved at individual level becomes a major effective and authentic source for peace. Once consciously internalized, Tawhid deters a person from using double slandered while interacting with members of family or business partners as wells as when entrusted with a public responsibility. Systemic elimination of internal contradictions and development of coherence in thought and actions paves the way for existential peace. Tawhid or observance of One Ultimate Cosmic Principle, operating at cosmic level and in the human realm, makes this principle relevant and agreeable even for persons who may not profess to be Muslim. Utilization in thought and action thus acquires status of a global viable solution for resolving conflict at individual and social level.

Islamic principles equity and justice provide basis for peace in society. Rule of law and equality and value of human and value of human life. Realization of rule of law cuts across different sections of society. Law does not discriminate between Muslims and non-Muslims in the basic human rights. Life, honour, property and security of non-Muslim citizen is as much valuable as that of a Muslim. Protection and promotion of life becomes a primary value. It underscores that peace in society is only possible when protection of human life is given highest priority. Its promotion and protection of human life offers a solid foundation for peace, security and a sustainable society. The Qur’an not only condemns manslaughter, as, it claims, was done in preceding religious traditions, it declares killing one human soul unjustly as killing the whole of humanity and protection one single life equal to giving life to the whole of humanity (5:32). The Prophetic commands even prohibiting unjust violation of life of plants, birds, animals, etc. indicates his concerns. 

Because of that, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption (done) in the land – it is as if he had slain mankind entirely. And whoever saves one – it is as if he had saved mankind entirely. And Our Messengers had certainly come to them with clear proofs. Then indeed many of them (even) after that, throughout the land, were transgressors ([222]).

Political liberty and freedom it is an important dimension of justice. Free participation of political process is recognized by the Qur’an as a basic right of people. Political justice, right to association and disagreement, and powering sharing thus becomes instrumental in realization of peace.

Rational behaviour plays an important role in the establishment of justice; therefore, it is considered as an important dimension of justice. This dimension of justice and a Quranic pre-requisite for global peace relates to inculcation of a rational and reasonable behaviour in personal and social matters. Islam does not visualize creation of peace unless individuals and society, as such, adopts an attitude of fairness and reasonableness. Individual matters and social policies are to be decided keeping in view their moral consequences of individuals and society. Rationality is not a matter of personal justification but an objective exercise of principle of reason and intellect. A balance between the individual good and the social good becomes the basis of durable and dignified peace. 

Peace in Islamic framework is also linked with gender relations and sexual ethics. The Qur’an regards unethical sexual conduct as not only obscene but a major source of corruption, exploitation, and unhealthy society. Unlike several world religious traditions Islam disapproves celibacy and, living life of a hermit or a monk. It makes the family, society and state responsible for getting bachelors married (24:32). It appreciates and encourages family life and rather large size of family and makes provisions for remarriages for widowed. These meres help in avoiding sexual deviance and in creating peace and ethical environment in society. 

 Religious freedom and pluralism as an aspect of justice relates with the realm of religion. Religious freedom within the Muslim community and right to live by their religious teachings, for the non-Muslim citizens, is considered vital, by the Qur’an, for realization of peace (2:256).

There shall be no compulsion in (acceptance of) the religion. The right course has become distinct from the wrong. So whoever disbelieves in taught and believes in Allah has grasped the most trustworthy handhold with no break in it. And Allah is Hearing and Knowing. Allah is ally of those who believe. He brings them out from darkness into the light. And those who disbelieve – their allies are taught. They take them out of the light into darkness. Those are the companions of Fire; they will abide eternally therein ([223]).

Legal justice as a major aspect of justice relates with realization of legal justice without any discrimination based on religion, colour, ethnicity, gender, race, or social status of a person (5:8). When Tawhid and justice in this comprehensive connotation are established in a society it makes peace viable and an existential reality.

([224]).

Injustice among people and in society invite punishment. History proves that whenever people established their system on the basis of true divine guidance or divine justice, they achieve true success in this world and in the Hereafter. Justice suits individuals, communities and nations, while injustice results into decline and failures at every level. No community or nation can survive on unjust system. If some people are not doing justice, then it is the obligation of society or community to stop them doing injustice. In this connection the Qur’an provides guidance at various places and in different contexts.

According to Qur’an the ultimate goal of human life is to achieve true success (Flah) in the Day of Judgment, which is the continuity of worldly life; what we get in the Hereafter is the reward of our activities in this world. Justice guiding man’s activities to achieve true success.

The true success can be divided into two: success in this world and success in the Hereafter. The former covers al-baqa al-ghina and al-izz. While the later includes baqa bila fana ghina bila faqr izz bila dhull, and ilm bila jahl. When it is connected to economic activities, the first is most relevant to this discussion. This concept covers individual and collective welfare. The Qur’an names the former as hayah tayyibah and the later as baldah tayyibah. These two types of welfare also cover the following important indicators:

• Survival and sustainability indicators (al-baqa) which include produvtive activities and professional work (al-baqiyat); taking profit in the right manner (al-baqiyyah); and having ecological consciousness (ulu baqiyyah).
• Productivity and well-being life indicators (al-ghina)which comprise of working and avoiding to be a parasite on others; and freedom from poverty and impoverishment.
• Self-esteem and magnificent indicators (al-Izz) which cover maintaining self-esteem and not begging from others; and freedom from debt

Justice has close relation to welfare and the relation between justice and welfare is mutual or reciprocal ([225]).

CONCLUSION

Allah Almighty is the Creator, Maintainer and Sustainer of the universe and everything therein. He created the universe in different phases and created Man in the last phase and appointed him as His vicegerent on the planet Earth. He endowed man with some unique and additional qualities or traits such as faculty of reason or intellect, knowledge of things and Revealed Knowledge, and placed him at the highest level in the hierarchy of the universe. The whole universe is surviving and functioning on the basis of justice and justice is visible everywhere in the universe and everything and every being in the universe is working on the basis of justice. Allah is just in His creation, commandments, legislation, and He will do complete justice in the Hereafter. Allah Almighty gave big responsibilities to human beings as His vicegerent. It is mandatory for human being to establish justice in the world at every level and in all aspects of life.

Man is a social being therefore they live in social groups such as families, communities, societies and nations. Such living together results into interactions through which emerge duties and responsibilities towards others. Fulfilling duties honesty led to justice and deviation from duties toward others led towards injustice. Justice results into love, harmony, unity among people, but injustice creates disunity, hate, disharmony, etc. Fulfilling duties toward others is the minimum requirement to achieve success (Flah) in this world and in the Hereafter. Islam encourages the believers to go beyond their duties and attain the status of Ihsan.

We have discussed different aspects of justice in this article, here we intend to give some additional information on the meaning and concept of the Arabic word Al-Adal (justice) and justice with one self in the light of statements of some eminent Muslim philosophers:

The Arabic word ‘al-adl’ (justice) is an abstract noun derived from the verb ‘adalah.’ The literal meaning of adl in classical Arabic is a combination of moral and social values denoting fairness, balance, temperance and straight forwardness ([226]).

Adl is the thing that is established in mind as being straight forward or that is firmly established in the souls as straight and that which is contradiction is known as injustice or anything which is not upright is considered as unfair ([227]).

Justice is a quality inherent in man which prompts him to do the right thing, guided and determined by reason. Injustice is like evil therefore it is accidental. It is produced by rage or fury whenever reason fails to control and interpret impulses (wrath, rage). But in the absence of wrath man is ordinarily under the control of reason which urges him to do the right thing. Justice is a virtue which man may cultivate and improve by its own initiative in the light of comprehension of the truth. Of all virtues; wisdom, courage, temperance, etc. He regards justice as central because it is above all (Al-Kindi).

The definition of Al-Kindi is incomplete, because he simply mentions the role of reason in doing justice with the people. In Islam, the term Hedayat (Guidance) is comprehensive in nature. It has different levels – natural laws, instinct, use of senses, faculty of reason or intellect and Revealed Knowledge. In principle, every higher level of guidance corrects its lower level: instinct corrects the activities based on natural laws; use of senses corrects the decisions taken on the basis of instinct; the faculty of reason or intellect corrects the decisions taken on the basis of senses; likewise, decisions taken of the basis of the faculty of reason are corrected by the use of Revealed Knowledge. Through this sequential process the mistakes in taking the decision are eliminated or at least minimized. In other words, for the proper use of freewill guidance of Revealed Knowledge is of paramount importance.  

Justice is realized first in the division of good things shared by people of the city among them all and in the preservation of what is divided among them. The good things which constitute justice are security, wealth, honour, dignity, and all other things which the people can share. Each one is entitled to take equal share. Any increase or decrease in the individual share is an injustice; the excess over any fair share is an injustice against the people of the city and the difference must be returned to the party to whom it should belong. The rational justice can be realized only in a virtuous city. Therefore, justice acquires an entirely different meaning in such cities. For the men, who comprehend justice in virtuous city their souls realize divine justice in the Hereafter. The souls of men who do not comprehend they live in sorrow, whereas the souls of men in the virtuous city which comprehend justice and accept it, will live in eternal happiness in the Hereafter ([228]).

As for the faculty of justice, its function lies in controlling desire and anger. According to the instructions of reason and Shariah. The faculty of justice is a power, it is like an execution who passes on the instructions of reason, while anger is that to which the instructions are passed. The faculty of justice produces the virtue of justice only at a mean. Any deviation from the mean is injustice. As for the virtue of justice, it is connotated as a state of the soul in which anger and desire are controlled under the dictates of reason and Shariah, the state in which reason desire and anger are kept in their proper place and given their due. Therefore, justice refers both to the virtue of the faculty of justice as well as the equilibrium state of the soul. As such, it is called justice within the soul which in essence is the placing of all the faculties in their proper positions ([229]).

Ibn Sina has drawn the concept of justice both – Greek philosophy and Islamic traditions. He started with explaining about his just city as a body of citizens who felt the needs for getting together to establish a political community through consensus and first agreement. As a result, that the men who founded the earliest form of any association must have first negotiated the terms of the agreement which became binding on all who subsequently accepted to become members of the city either by birth or by association or choice. Such a city must be called not merely a virtuous city but a just city as well ([230]).

Justice is the bond which holds individuals, families, communities and societies together and transform them into one brotherhood. It is one of the best acts of devotion; Justice is the duty imposed by Allah Almighty and it is the obligation of every person to stand firm for justice even it may be harmful to one’s own interests.

Justice is also an attribute of Allah Almighty. Islamic justice is something higher than the formal justice of Roman law or any other human law including the concept of justice of eminent Greek philosophers. It is the obligation of every believer to fulfil all duties and trusts by giving everyone one’s due and judge impartially between people without taking into consideration the criteria of cast, colour, relation, territory or country, etc. It also includes perform one’s prescribed duties of one’s job and duties towards others: Duties towards Allah Almighty and duties towards the Prophet Muhammad (Peace and blessings be upon him); duties towards other human fellow and duties towards other creatures in the universe. In short, justice is a fundamental value governing all social behaviour and forming the basis of all social dealings and legal framework in Islam.

Abdullah bin Umar reported that the Messenger of Allah said, “Each of you is a shepherd and each of you is responsible for one’s flock. The Imam who is over the people is a shepherd and responsible for his flock; a man is a shepherd in charge of the inhabitants of his household and he is responsible for his flock; a woman is a shepherd in charge of her husband’s house and children and is responsible for them; a man’s slave is a shepherd in charge of his master’s property and he is responsible for it. So each of you is a shepherd and each of you is responsible for one’s flock” ([231]).

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