The Concept of Justice in Islam
by Muhammad Zafrullah Khan
A broad definition of justice,
of course, is to render to everyone his due. Islam, however, proceeds further
in its definition of justice. It lays down that to maintain a proper standard
of justice it is necessary that recompense of good should in no case be less
than what a person has earned, and that, on the other hand, the penalty for a
wrong should not exceed the wrong or transgression committed. A contravention
of either of these principles would amount to injustice.
It has sometimes been suggested
that the first part of this concept, namely that reward or recompense should
not fall short of that which has been earned, is just so far as it goes, but
that a strict concept of justice demands that reward or recompense should not
be in excess of what may have been earned. Islam does not accept this
limitation. It proceeds upon the principle that good multiplies itself
and has the quality of prevailing against, or of driving away, evil and that,
therefore, the beneficence put in motion by good has no limit. Consequently,
there is no reason to put a limit upon the reward or recompense of good.
Surely, good works drive away
evil works. This is a reminder for those who would remember. (The Holy
Quran XI. 115)
The Quran has at various places
reiterated this principle.
And the recompense of an
injury is a penalty the like thereof; but whoso forgives and his act brings
about reformation, his reward is with God. Surely, He does not like the
wrongdoers. (XLII. 41)
This verse lays down the
principle that the penalty in respect of a wrong or injury should be in proportion
thereto, but that where forgiveness would lead to reformation, the injury
should be forgiven or the penalty may be reduced. A Contravention of either of
these principles would amount to wrong doing. A penalty severer than that
demanded by the wrong or injury done, or, forgiveness or lenience in a case
where the circumstances do not indicate that forgiveness might result in improvement or reformation would both be wrong.
Again:
Surely, God wrongs not anyone
even by the weight of an atom. And if there be a good deed, He multiplies it
and gives from Himself a great reward. (IV. 41)
The same principle is repeated
in various contexts. For instance:
For those who do good deeds,
there shall be the best reward and yet more blessings. And neither darkness nor
ignominy shall cover their faces. (X. 27)
And as for those who do evil
deeds, the punishment of an evil shall be the like thereof, and ignominy shall cover them. (X.
28)
It may be pointed out that the
safeguarding against darkness and ignominy in one case and being subjected to
ignominy in the other is, in the strict sense, not a part of the reward or the
penalty, but is a consequence which flows from the nature of the act in each
case. It is a quality of good and evil respectively.
Whoso does a good deed shall
have ten times as much; but he who does an evil deed, shall have only a like
reward; and they shall not be wronged. (VI. 161)
Whoso does evil will be requited
only with the like of it; but whoso does good, whether male or female, and is a
believer-these will enter the Garden; they will be provided therein without
measure. (XL. 41)
It may be explained that as the
object of Islam is to bring about complete integration and planned development
between all faculties and in all spheres, the sanctions in respect of all
action and conduct are not only material but also moral and spiritual. In fact
it is interesting to note in connection with the controversy what is the
province of religion and what is the province of law and politics, or, in other
words, the controversy with regard to a secular state and a religious state,
that Islam does not make that distinction at all. Islam is a way of life and is
a code of laws regulating all aspects of human life. From that point of view it
is, if one may so express it, the most secular of all religions. It is common
knowledge that there is no priesthood or church hierarchy in Islam.
Consequently, there are no sacraments nor any ceremonial which can be performed
only by or through an ordained priesthood.
Before Islam, the concept of
justice in Arabia was purely patriarchal inside the family and the tribe, and
between different tribes a rough and ready balancing up through a succession of
tribal feuds and vendettas. The administration of justice on the basis of law,
rights, duties, and penalties through the machinery of courts and judges was something
unfamiliar to the Arabs. Islam not only introduced this concept but made the
settlement of disputes through judicial determination obligatory upon Muslims.
But no, by thy Lord, they are
not believers until they make thee judge of all that is in dispute between them
and then find not in their hearts any demur concerning that that which
thou decidest and submit with full submission. (IV. 66)
This verse lays down, first,
the obligation that disputes must be judicially determined; then the moral duty
that once the judicial process has terminated in a final decision, the decision
must be accepted, without leaving a trace of resentment or demur in the minds
of the parties whichever way the decision may have gone, and finally that it
should be submitted to and carried out to the full.
Those who are not familiar with
the style and idiom of the Quran might be disposed to restrict the operation of
this verse to judgements delivered by the Holy Prophet himself. This would not
be correct. Very often when the Prophet is addressed directly, the commandment,
injunction, or obligation is laid upon all believers, or has a general
application. Nor is there any room here for attributing special sanctity to
judgements delivered by the Holy Prophet. He has himself been quite clear on
the point. He has explained that in determining a dispute he tries to arrive at
the truth of the matter on the basis of the presentation of the case by the
parties. He may go wrong and award something to a party to which the party is
not entitled. Should that happen the party that under the judgement takes or
recovers that to which he or she is not entitled is guilty of appropriating
wrongfully that which does not belong to him or her.
This verse is thus emphatic in making
obligatory the determination of disputes through judicial process and complete
submission to the final judgement in not merely carrying it out, but in
reconciling oneself to the judgement in one's mind so that no resentment or
sense of privation is left behind.
Judges have been commanded to
perform their duties impartially.
Verily, God commands you to
make over the trusts to those entitled to them, and that, when you judge
between men, you judge with justice. And surely excellent is that with which
God admonishes you! God is All-Hearing, AllSeeing. (IV. 59)
The obligation to do justice is
absolute and is not subject to any limitation or modification with reference to
the parties to a dispute, or with reference to their being Muslims or
non-Muslims, or their being in conflict with the Muslims or in alliance with
them.
Oh ye who believe! Be steadfast in the cause of God
bearing witness in equity; and let not a people's enmity incite you to act
otherwise than with justice. Be always just, that is nearer to righteousness. And
fear God. Surely God is aware of what you do. (V. 9)
As already observed, Islam is a
way of life and is also a code of laws and regulations. As illustrations of the
manner in which, and the care with which, the Quran seeks to set up standards
of conduct and to preserve and safeguard testimony, attention may be drawn to the
following:
O ye who believe! when you
borrow one from another for a fixed period, then write it down. And let a
scribe write it in your presence faithfully; and no scribe should refuse to
write, because God has taught him, so let him write and let him who incurs the
liability dictate; and he should fear God, his Lord, and not diminish anything
therefrom.
But if the person incurring the
liability be of low understanding or be weak or be unable himself to dictate,
then let someone who can watch his interest dictate with justice. And call two
witnesses from among your men; and if two men be not available, then a man and two women, of such as you
like as witnesses, so that if either of the two women should err in memory, then one may remind
the other. And the witnesses should not refuse when they are called. And do not
feel weary of writing it down, whether it be small or large, along with its
appointed time of payment. This is more equitable in the sight of God and makes testimony surer and is
more likely to keep you away from doubts; therefore omit not to write except
that it be ready merchandise which you give or take from hand to hand, in which
case it shall be no sin for you that you write it not.
And have witnesses when you
sell one to another; and let no harm be done to the scribe or the witness. And if you do that, then certainly it shall be disobedience
on your part. And fear God. And God grants you knowledge and God knows all things well.
And if you be on a journey, and
you find not a scribe, then let there be a pledge with possession. And if one of you entrusts another
with something, then let him who is entrusted surrender his trust and let him
fear God, his Lord. And conceal not testimony; and whoever conceals it, his heart
is certainly sinful. And God is well aware of what you do. (II. 283-284)
And:
And ·approach not the
property of the orphan, except in a way which is best, till he attains his
maturity. And give full measure and weight with equity. We task not any soul
save according to its capacity. And when you speak, observe justice, even if the concerned person be a
relative, and fulfil the covenant of God. That is what he enjoins upon you,
that you may remember. (VI. 15 3)
It will be seen that these two
brief passages embody a variety of substantive procedural and evidencial
ordinances and rules. All contracts, save in exceptional cases, are required to
be reduced to writing. The writing is to be at the dictation of the party
assuming or undertaking the obligation and where such a party is not fully
competent, at the dictation of his guardian. The scribe and the witnesses are
put under obligation to write justly, to come forward to bear witness when required
to do so, and to bear true witness.
There are other injunctions
with regard to the administration of the property of an orphan and giving full
weight and measure. There is particular emphasis on speaking truthfully and
justly where the person concerned is a relative. The discharge of these
obligations is described as fulfilling the covenant of God. The emphasis on the
moral and spiritual sanctions is maintained.
The dignity of the judicial
office has always been fully safeguarded in Islam. Complete independence of the
judiciary was established at the very beginning. There are recorded instances
where the judge adhered to the strictest standards of justice and of the
evidence required to establish a fact, even where one of the parties concerned
was the Head of the State himself, though, of course, in his private capacity.
It is worth remembering that
all this was laid down and was scrupulously observed and acted upon more than
thirteen hundred years ago. It is greatly to be regretted that some of the high
standards set up in Islam have not been uniformly observed during later periods
but the eagerness with which Muslims are anxious to re-establish Islamic values
is a reassuring augury with regard to the future.
by
Sir Muhammad Zafrullah Khan
Judge of the International
Court of Justice
Published by:
Bait-ul-Zafar
86-71 Palo Alto Street
Hollis, NY 11423
Phone: (718) 479-3345
Phone/Fax: (718) 479-3346
Summary of an address delivered by Sir Mu~ammed Zafrullah Khan, Judge of the
International Court of Justice, to the Seminar on Islamic Studies at the
Institute of Islamic
Studies, McGill University,
Montreal, Canada, on November 4. 1954. Editor.
