Tuesday, September 7, 2021

Justice, Is In the Eye of the Beholder? (1)

Next night, the Moon explicated. "O Owl! Justice is for all! Justice is due to every individual human being. The requirement to maintain justice only takes into account the fact that people are human beings, and that alone, qualifies them for Just treatment. Hence, Justice should be extended to all: believers and non-believers, friends and enemies, white and coloured, etc."

"And what was the Fifth Judge said?" the Owl immediately welcomed. The Moon replied, "The Fifth Judge unfold, 'Justice means to be fair and equitable, and to avoid discrimination, unequal treatment and oppression. Justice is indispensable for individuals as well as for society. It results in individual contentment and subsequent healthy functioning of the society. Allah says,
إِنَّ ٱللَّهَ يَأۡمُرُ بِٱلۡعَدۡلِ وَٱلۡإِحۡسَٰنِ وَإِيتَآئِ ذِى ٱلۡقُرۡبَىٰ وَيَنۡهَىٰ عَنِ ٱلۡفَحۡشَآءِ وَٱلۡمُنكَرِ وَٱلۡبَغۡىِ ۚ يَعِظُكُمۡ لَعَلَّكُمۡ تَذَكَّرُونَ
"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." [QS. An-Nahl(16):90]
There are various categories of justice. First, justice with Allah, by worshipping Him alone with no partners, and by obeying His commands. 
Second, Justice in judgments between people: by giving every person what is rightfully due to them. Allah commands that Justice be employed when settling disputes between believing men and women,
وَاِنْ طَاۤىِٕفَتٰنِ مِنَ الْمُؤْمِنِيْنَ اقْتَتَلُوْا فَاَصْلِحُوْا بَيْنَهُمَاۚ فَاِنْۢ بَغَتْ اِحْدٰىهُمَا عَلَى الْاُخْرٰى فَقَاتِلُوا الَّتِيْ تَبْغِيْ حَتّٰى تَفِيْۤءَ اِلٰٓى اَمْرِ اللّٰهِ ۖفَاِنْ فَاۤءَتْ فَاَصْلِحُوْا بَيْنَهُمَا بِالْعَدْلِ وَاَقْسِطُوْا ۗاِنَّ اللّٰهَ يُحِبُّ الْمُقْسِطِيْنَ
"And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses 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." [QS. Al-Hujurat (49):9]
Our beloved (ﷺ) said,
الْقُضَاةُ ثَلَاثَةٌ قَاضِيَانِ فِي النَّارِ وَقَاضٍ فِي الْجَنَّةِ رَجُلٌ قَضَى بِغَيْرِ الْحَقِّ فَعَلِمَ ذَاكَ فَذَاكَ فِي النَّارِ وَقَاضٍ لَا يَعْلَمُ فَأَهْلَكَ حُقُوقَ النَّاسِ فَهُوَ فِي النَّارِ وَقَاضٍ قَضَى بِالْحَقِّ فَذَلِكَ فِي الْجَنَّةِ
"The judges are three kinds: two judges are in Hellfire and one judge is in Paradise. A man who judges without the truth while he knows it, he is in Hellfire. A judge who has no knowledge and violates the rights of people, he is in Hellfire. A judge who judges with the truth, he is in Paradise.” [Sunan al-Tirmidhī; Sahih according to Al-Albani]
Third, Justice among wives and children: by not giving one preference over another. Justice begins within the family. Allah says,
يُوْصِيْكُمُ اللّٰهُ فِيْٓ اَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْاُنْثَيَيْنِ ۚ فَاِنْ كُنَّ نِسَاۤءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۚ وَاِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ ۗ وَلِاَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ اِنْ كَانَ لَهٗ وَلَدٌ ۚ فَاِنْ لَّمْ يَكُنْ لَّهٗ وَلَدٌ وَّوَرِثَهٗٓ اَبَوٰهُ فَلِاُمِّهِ الثُّلُثُ ۚ فَاِنْ كَانَ لَهٗٓ اِخْوَةٌ فَلِاُمِّهِ السُّدُسُ مِنْۢ بَعْدِ وَصِيَّةٍ يُّوْصِيْ بِهَآ اَوْ دَيْنٍ ۗ اٰبَاۤؤُكُمْ وَاَبْنَاۤؤُكُمْۚ لَا تَدْرُوْنَ اَيُّهُمْ اَقْرَبُ لَكُمْ نَفْعًا ۗ فَرِيْضَةً مِّنَ اللّٰهِ ۗ اِنَّ اللّٰهَ كَانَ عَلِيْمًا حَكِيْمًا
"Allah instructs you concerning your children [i.e., their portions of inheritance]: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate.1 And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [and/or sisters], for his mother is a sixth,2 after any bequest he [may have] made or debt.3 Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise." [QS. An-Nisa (4):11]
At this point, the verse explains the Islamic system of inheritance. It starts with an order, made in the form of a strong recommendation, made by Allah to parents, to maintain justice among their children.

Fourth, Justice in speech, by not testifying falsely or lying. Trust and Justice are closely related. Allah says,
اِنَّ اللّٰهَ يَأْمُرُكُمْ اَنْ تُؤَدُّوا الْاَمٰنٰتِ اِلٰٓى اَهْلِهَاۙ وَاِذَا حَكَمْتُمْ بَيْنَ النَّاسِ اَنْ تَحْكُمُوْا بِالْعَدْلِ ۗ اِنَّ اللّٰهَ نِعِمَّا يَعِظُكُمْ بِهٖ ۗ اِنَّ اللّٰهَ كَانَ سَمِيْعًاۢ بَصِيْرًا
"Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing." [QS. An-Nisa (4):58]
These are the main obligations placed on the Muslim community and these sum up its moral code: namely, fulfilment of trust and maintaining justice. The basic and most important trust is, that which Allah has implanted in human nature. This is the one which the heavens, the earth and the mountains refused to accept, but which man undertook. It is that of willingly and deliberately recognising Divine guidance and believing in Allah. This is the trust that Allah has given to human beings alone in their very nature. Other creatures have been given faith without the need for any effort on their part. Thus, they recognise their Rabb and worship Him without having to make any choice or exerting any special effort. It is man alone who has been given this task, to fulfil on the basis of his guiding nature, knowledge, reasoning, will and effort. And he will always receive Allah’s help in that.
This is, then, the first trust man has to fulfil. It is that which gives rise to all other trusts which Allah commands people to fulfil. An important one among these being to give testimony in favour of Islam. This takes the form, firstly, of striving hard within oneself so that one’s life, feelings, actions and behaviour become a practical translation of faith. Thus, when people praise a believer’s behaviour, values and manners, and moral standards, they realise that it is only because he believes in Islam, that he is able to attain such high standards.
Another way of giving testimony in favour of Islam is, the realisation of just how much more profound and superior Islam is to other human beliefs. Testimony is further given by taking steps to help implement Islam as a code of living for the Muslim community, and in human life in general. To do this, believers should make use of every means available to them both as individuals and as members of that community. Such a practical implementation is the most important trust, second only to accepting the faith itself. No individual and no group are exempt from this trust.
Another trust which is implied in what just mentioned, is that of dealing with people and delivering to them whatever they have entrusted to us. That includes honesty in daily transactions, giving honest counsel to rulers and ruled, taking good care of young children, protecting the interests of the community and defending it against hostile forces, and observing all duties and obligations outlined by the Divine code. All these are trusts that must be fulfilled.

Fifth, Justice in belief, by not believing other than the truth. Justice is in all situations. Allah says,
يٰٓاَيُّهَا الَّذِيْنَ اٰمَنُوْا كُوْنُوْا قَوَّامِيْنَ بِالْقِسْطِ شُهَدَاۤءَ لِلّٰهِ وَلَوْ عَلٰٓى اَنْفُسِكُمْ اَوِ الْوَالِدَيْنِ وَالْاَقْرَبِيْنَ ۚ اِنْ يَّكُنْ غَنِيًّا اَوْ فَقِيْرًا فَاللّٰهُ اَوْلٰى بِهِمَاۗ فَلَا تَتَّبِعُوا الْهَوٰٓى اَنْ تَعْدِلُوْا ۚ وَاِنْ تَلْوٗٓا اَوْ تُعْرِضُوْا فَاِنَّ اللّٰهَ كَانَ بِمَا تَعْمَلُوْنَ خَبِيْرًا
"O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both.1 So follow not [personal] inclination, lest you not be just. And if you distort [your testimony] or refuse [to give it], then indeed Allah is ever, of what you do, Aware." (QS. An-Nisa (4):135]
This is an address to the believers, using their new and unique status which ensures a true rebirth of their community. Indeed, they have enjoyed a rebirth of souls, principles, concepts and goals.
Here we see the wise Qur’anic method of educating the Muslim community in full operation, preparing the addressees for their difficult duties. The trust they have been assigned, is to maintain Justice, in its absolute sense, in every situation. It is the sort of fairness which prevents aggression and oppression anywhere on earth. It guarantees Justice between people, giving everyone, Muslim or non-Muslim, their rights. In their entitlement to justice, all people, believers and unbelievers, are equal in Allah’s sight. Similarly, relative and stranger, friend and foe, poor and rich are treated with absolute equality.
Upholding equity, bearing witness to the truth for the sake of Allah. It is not for the sake of anyone else for or against whom a testimony is given. Nor is it to serve the interests of any individual, group or community. It is not something that takes into account the circumstances of any particular case. It is a testimony given for Allah’s sake, free of any desire, prejudice, interest or consideration.
Allah prohibits that we be influenced by any form of desires, in such a way that we deviate from truth and justice. Desires are of different types, love of oneself, one’s immediate family and other relatives is one type of desire, as is sympathy with a rich person when giving testimony or arbitrating. Being courteous or hostile to a poor person is another type of desire. In a situation of being a witness or making judgement, taking sides with one’s clan, tribe, community, nation or motherland, is one desire, as is taking sides against one’s enemies, even though they are enemies to our faith.'
[Part 2]