The Concept of Justice in Islam by Muhammad Zafrullah Khan

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. 

Source

How can a slave woman give birth to her mistress?

Islamic Spirituality - The Forgotten Path

 

A lecture delivered by Maulana Imran Nazar Hosein

at the Maulana Abd al-Aleem  Siddiqui Masjid, Singapore

Shall I leave  you to think about it until tomorrow night? The only one who will be able to see that sign of Allah ﷻ, when it comes true in the world - a major sign of the Last Day - is not the one who has a PhD from al-Azhar  University but inside has nothing. It is the one who sees  with two eyes,  who has knowledge  externally  derived  and internally derived. This is the most learned of all men. So when Musa pbuh asked, ‘where can I meet him?’ and Allah ﷻ said, ‘Go and you will find him at the place at which the two oceans  meet - majmaul  Bahrain. The  commentator  of the  Holy Qur’aan, Baidawi⁵, is the only one who has penetrated the meaning of it. He said that the two oceans  are:  the ocean  of knowledge  externally  acquired and the ocean of knowledge  internally acquired. When these  two oceans  of knowledge combine together  in one man, harmoniously, is integrated  together,  you have  the most learned of all men. Such a man was Maulana Muhammad Abd al-Aleem  Siddiqui τ, after whom this Masjid was named, and such a man was his student, and my teacher,  Maulana  Dr. Muhammad Fazlur Rahman Ansari  τ. We are just little candles glowing from the light which came from these great scholars of Islam. It is when you use these two oceans to combine together that you can crack it, ‘a slave woman giving birth to her mistress.’

Note 5 BAIDAWI  ('Abdallah ibn 'Umar al-Baidawi) Muslim critic, was born in Fars, where his father was chief judge, in the time of the Atabek ruler Abu Bakr ibn Sa'd (1226-60). He himself became judge in Shiraz, and died in Tabriz about 1286. His chief work is the commentary on the Koran entitled The Secrets of Revelation and The Secrets of Interpretation (Asrar ut-tanzil wa Asrar  ut-ta'wil).

It is already 10 pm so I am going to be very brief. In order to understand this you need to recognize two things which come from Dajjal and with which he attacks to try and take control of mankind. One, the Holy Prophet ﷺ said that, ‘The Age of Dajjal would be the age [Kasaratul riba]-when riba (interest and usury) will take control of the world. What happens when riba takes control of an economy is that the rich will remain permanently rich and the poor will remain permanently poor.

Wealth will no longer circulate. The rich will grow richer and the poor will reach to the depths of destitution. In other words another age of slavery descends upon mankind. That has already come. The Ulama of Islam have been eating halva; it has already come upon us.  Nobody teaches the subject about the prohibition of riba. I had the good fortune to live in New York, the capital city of riba, and there I  was able to put book knowledge to bear upon the real economy in the world today.  In  addition  I  was  blessed  to  study  western  economics;  International Monetary Economics for example in Europe.  This was how Allah ﷻ blessed me with some understanding of the subject; that’s why you will find my book outside, The Prohibition of Riba in the Qur’aan and Sunnah. It took me four years to write that  book.  When  an  economy  is  based  on  Riba  then  wealth  will  no  longer circulate. Its like mankind traveling on a ship with 15 % of the population of the world  traveling  first  class,  with  permanent  first  class  tickets  having  the  best drinking water, food, servants and luxury. The other 85 % are down in the hold of the ship living in squalor, misery, suffering and destitution, falling ill and dying like flies. So they  are slaves  down there.  That’s  Indonesia today. That  woman therefore is a slave woman down in the hold of the ship. She is the one we are talking about.

In the age of Dajjal, not only do we have riba, but something else. ‘The last people to come out to Dajjal will be women,’ said the Holy Prophet ﷺ. Dajjal will weave such a web, of brainwashing of women that a man will have to return to his home and tie down his wife, daughter and sister to protect  and preserve  them from Dajjal. They’re  brainwashed!  Nothing you could say to them will change  their minds. Brainwashed!  This  is the  modern feminist movement.  What  does the modern  feminist  movement  want  to  do?  The  modern  feminist  movement challenges the notion that men and women are functionally different. That man has different basic functions from women. The modern feminist movement wants to remove the barriers. Anything a man does a women should have the freedom to do it. So women embrace the functional role of men in the feminist revolution. The Woman down in the hold is too poor to do it, the ones who do it are the elite. They’re rich! These are the first to embrace the functional role of men, the women traveling first-class.  What happens when women go out to work, the way men do. At 7 am she is dressed to go to work the way he is. She comes back home in the evening 6 to 7 pm the same way that he does. When she dresses to go to work, this is not going to a party;  this is going to work so she has to dress in working clothes.  So her dress becomes masculine. When she gets into a position of authority  in work, has people working under her, then she has to shed her shyness and talk like a man; behave like a man; so that she can command respect. But in the Holy Qur’aan Allah ﷻ describes women differently. Musa pbuh, remember how he drew the water for the girls. Then one of them came back. Her father sent her to call him. Now she has to approach this man. A women approaching a man, and Allah ﷻ describes in the Holy Qur’aan how shy and bashful she was that she has to approach a man. Uncle Sam’s daughter isn’t shy! They behave, dress and talk like men. Eventually their faces begin to look like faces of men. The softness, shyness and bashfulness is gone. As women assume the functional role of men, they begin to lose their femininity. But Allah ﷻ describes the male and the female by using the analogy of the night and the day. Listen to Him! [The 92nd Sura, al- Layl [The Night], verses ]

He takes an oath by the night and that which it shrouds 
and covers so mysteriously, so beautifully

He takes an oath by the day and its bright powerful light

That, in the same way that Allah has created the night and the day; 
so to, did He create the male and the female.

Allah ﷻ wants the day to be day and He wants the night to be night. When the day is day and the night is night, do you notice the attraction?  How much they are attracted  to each other! When the day is coming to an end and  it  is  approaching  the  night  do  you  notice  the  anxiety   and  the enthusiasm? How the day paints the sky in so many colours. Are you blind, don’t you see it? When the day reaches the night, the day plunges itself into the arms of the night. A rush of a plunge, into the arms of the night!  It happens every sunset. Then the day spends the night with the night. There is a time for rest, sleep, love, worship and meditation; and then the time comes to say goodbye. The day must say goodbye to the night but the night doesn’t want the day to go. So the night holds on to the day and only one ray of light comes out and then a second ray and a third ray of light; slowly, slowly,  slowly  the  light  comes  out  in  the  morning. How  different  from sunset. So when the day is day and the night is night there will be intense attraction  between  the  day  and the  night.  It  is because  of that  intense attraction  there  is a forbidden space  between  a man and a woman. The forbidden space is not just physical; but also psychological and sociological. It should not be invaded,  because  of the intense attraction  that  there is between the male and the female. But when the night tries to become day, the night will no longer be truly night. The day will no longer be attracted to the night. When the night is rivaling the day, in the workplace, it’s now an adversarial relationship not attraction. When the day is no longer attracted to the night what will happen? Its not what will happen but what is already happening. The  day  will now mate  with the  day. Wherever  the  modern feminist revolution and its struggle for women’s liberation have taken roots the necessary  corollary has always been homosexuality. But that is not our subject tonight. The slave woman is still down there and we want to know how a slave woman will give birth to her mistress. When the night tries to become day not only does the night lose her femininity, but she loses something else. She loses her fertility.   She can’t have  babies. But she is traveling  first class, remember! So then how will babies come? Eventually, the answer is the slave woman down there who is to poor to try and become day. So her womb is still fertile. This womb will now become a factory and she will be paid for her services. For nine months she will live like a queen. No genetically  reengineered food for her but real food. No milk and meat with hormones, that’s for the rest. So for nine months she lives like a queen. When the baby is born, baby goes first class and mum goes back down in the hold. So a slave  woman has given birth to her mistress and it has already started. While the scholars of Islam have been eating halva, it has already started. 

We are living now in the Last Age.  The only ones, who can read and understand and penetrate the last age, realize the reality of the world around them today; are who see with two eyes not one. Who in addition to the effort that they make to acquire knowledge externally -that effort has to be  made-  they  also  are  blessed  with  the  capacity  for internally  derived knowledge. When these two oceans of knowledge come together then they can understand, and penetrate the reality of the world in which we live in today. This has been an introduction to Islamic Spirituality, The Forgotten Path of Knowledge, to you.

We pray that Allah  ﷻ may grant that tonight’s humble lecture  may be a wake up call, and that we may return to this important branch of knowledge and to this effort which must be made which will realize it.

 

Source:  Islamic Spirituality - The Forgotten Path