'Adalah (Justice): Difference between revisions
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This article critically examines Islamic justice both in the theology of Islam and the practical aspect of Islam--[[Islamic Law|shari'ah law]]. | |||
==Definition of Justice== | ==Definition of Justice== | ||
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===The Law of Honest Scales=== | ===The Law of Honest Scales=== | ||
The Tanakh codified the law that scales and measuring balances be honest. Such a rule and similar statements can be found in the [[Torah]]<ref>Leviticus 19:36</ref> and the book of Proverbs<ref>Proverbs 11:1</ref><ref>Proverbs 16:11</ref>. The Qur'an | The Tanakh codified the law that scales and measuring balances be honest. Such a rule and similar statements can be found in the [[Torah]]<ref>Leviticus 19:36</ref> and the book of Proverbs<ref>Proverbs 11:1</ref><ref>Proverbs 16:11</ref>. The Qur'an includes the same: | ||
{{Quote|1={{Quran|26|181-182}}|2=Give just measure, and cause no loss (to others by fraud). And weigh with scales true and upright.}} | {{Quote|1={{Quran|26|181-182}}|2=Give just measure, and cause no loss (to others by fraud). And weigh with scales true and upright.}} | ||
==The | ==The Scales of Allah== | ||
The evil deeds of a rich man, when placed upon [[Allah|Allah's]] scales of judgment, will weigh more than had he been a poor man. | The evil deeds of a rich man, when placed upon [[Allah|Allah's]] scales of judgment, will weigh more than had he been a poor man. The hadith describe how the atonement (the good deed required to make up for the evil deed) is different depending on one's income level. | ||
{{Quote|1={{Bukhari|3|31|157}}|2=Narrated Abu Huraira: | {{Quote|1={{Bukhari|3|31|157}}|2=Narrated Abu Huraira: | ||
While we were sitting with the Prophet a man came and said, "O Allah's Apostle! I have been ruined." Allah's Apostle asked what was the matter with him. He replied "I had sexual intercourse with my wife while I was fasting." Allah's Apostle asked him, "Can you afford to manumit a slave?" He replied in the negative. Allah's Apostle asked him, "Can you fast for two successive months?" He replied in the negative. The Prophet asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. The Prophet kept silent and while we were in that state, a big basket full of dates was brought to the Prophet . He asked, "Where is the questioner?" He replied, "I (am here)." The Prophet said (to him), "Take this (basket of dates) and give it in charity." The man said, "Should I give it to a person poorer than I? By Allah; there is no family between its (i.e. Medina's) two mountains who are poorer than I." The Prophet smiled till his pre-molar teeth became visible and then said, 'Feed your family with it."}} | While we were sitting with the Prophet a man came and said, "O Allah's Apostle! I have been ruined." Allah's Apostle asked what was the matter with him. He replied "I had sexual intercourse with my wife while I was fasting." Allah's Apostle asked him, "Can you afford to manumit a slave?" He replied in the negative. Allah's Apostle asked him, "Can you fast for two successive months?" He replied in the negative. The Prophet asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. The Prophet kept silent and while we were in that state, a big basket full of dates was brought to the Prophet . He asked, "Where is the questioner?" He replied, "I (am here)." The Prophet said (to him), "Take this (basket of dates) and give it in charity." The man said, "Should I give it to a person poorer than I? By Allah; there is no family between its (i.e. Medina's) two mountains who are poorer than I." The Prophet smiled till his pre-molar teeth became visible and then said, 'Feed your family with it."}} | ||
Other narrations describe rich people being judged more harshly on the day of judgement | |||
==The Dishonest Scales of Shari'ah== | ==The Dishonest Scales of Shari'ah== | ||
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The vast majority of Muslim scholars hold the above view, while others believe that a Muslim can be killed if he kills a non-Muslim [[Dhimmi]] who is under the "protection" of the Islamic community.<ref>[http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=92261 Killing a Muslim in punishment for killing a non-Muslim] - Islamweb, Fatwa No.92261, August 1, 2006</ref><ref>[http://infad.usim.edu.my/modules.php?op=modload&name=News&file=article&sid=10801 Fatawa: Killing a Muslim for a Non-Muslim] - Islamic Science University of Malaysia, November 6, 2003</ref> | The vast majority of Muslim scholars hold the above view, while others believe that a Muslim can be killed if he kills a non-Muslim [[Dhimmi]] who is under the "protection" of the Islamic community.<ref>[http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=92261 Killing a Muslim in punishment for killing a non-Muslim] - Islamweb, Fatwa No.92261, August 1, 2006</ref><ref>[http://infad.usim.edu.my/modules.php?op=modload&name=News&file=article&sid=10801 Fatawa: Killing a Muslim for a Non-Muslim] - Islamic Science University of Malaysia, November 6, 2003</ref> | ||
The value of the life of non-Muslims is less than that of Muslims, and the value of the life of a woman is less than that of a man. | The value of the life of non-Muslims is less than that of Muslims, and the value of the life of a woman is less than that of a man. | ||
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{{Quote|{{Quran|2|282}}|"O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down; and let a scribe write it down between you with fairness; and the scribe should not refuse to write as Allah has taught him, so he should write; and let him who owes the debt dictate, and he should be careful of (his duty to) Allah, his Lord, and not diminish anything from it; but if he who owes the debt is unsound in understanding, or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness; and call in to witness from among your men two witnesses; ''but if there are not two men, then one man and two women'' from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other; and the witnesses should not refuse when they are summoned; and be not averse to writing it (whether it is) small or large, with the time of its falling due; this is more equitable in the sight of Allah and assures greater accuracy in testimony, and the nearest (way) that you may not entertain doubts (afterwards), except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things."}} | {{Quote|{{Quran|2|282}}|"O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down; and let a scribe write it down between you with fairness; and the scribe should not refuse to write as Allah has taught him, so he should write; and let him who owes the debt dictate, and he should be careful of (his duty to) Allah, his Lord, and not diminish anything from it; but if he who owes the debt is unsound in understanding, or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness; and call in to witness from among your men two witnesses; ''but if there are not two men, then one man and two women'' from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other; and the witnesses should not refuse when they are summoned; and be not averse to writing it (whether it is) small or large, with the time of its falling due; this is more equitable in the sight of Allah and assures greater accuracy in testimony, and the nearest (way) that you may not entertain doubts (afterwards), except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things."}} | ||
A woman's inheritance is half that of a man's. | A woman's inheritance is half that of a man's. | ||
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They also give the wife the same rights of divorce as the husband has. This is something that causes women to turn against their husbands and leads to the break up of their families. The one who knows the nature of men and women will not be able to agree to such nonsense. Western families are not so intact that we can say: Look at how they were destroyed. The call for homosexual rights and the rights of women to form any relationship she wants and women’s rights in marriage and divorce – what families can be built on such shaky foundations?<br> | They also give the wife the same rights of divorce as the husband has. This is something that causes women to turn against their husbands and leads to the break up of their families. The one who knows the nature of men and women will not be able to agree to such nonsense. Western families are not so intact that we can say: Look at how they were destroyed. The call for homosexual rights and the rights of women to form any relationship she wants and women’s rights in marriage and divorce – what families can be built on such shaky foundations?<br> | ||
It is worth noting that these organizations are used for political purposes to put pressure on the Muslim states that care about virtue, modesty and morals, or that apply all or some of the rulings of sharee’ah. Some Muslim nations have abolished the death penalty, and they have introduced strict laws about marriage at an early age for both genders, but they pay attention to woman’s rights to khula’ and maintenance, etc, which causes widespread mischief and evil in many areas of life.}} | It is worth noting that these organizations are used for political purposes to put pressure on the Muslim states that care about virtue, modesty and morals, or that apply all or some of the rulings of sharee’ah. Some Muslim nations have abolished the death penalty, and they have introduced strict laws about marriage at an early age for both genders, but they pay attention to woman’s rights to khula’ and maintenance, etc, which causes widespread mischief and evil in many areas of life.}} | ||
==External Links== | ==External Links== | ||
Revision as of 19:17, 17 August 2020
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This article critically examines Islamic justice both in the theology of Islam and the practical aspect of Islam--shari'ah law.
Definition of Justice
Modern/Secular
• (n) justice, justness (the quality of being just or fair)
• (n) justice (judgment involved in the determination of rights and the assignment of rewards and punishments)
Princeton University's WordNet
1. The quality of being just; fairness.
2.
- a. The principle of moral rightness; equity.
- b. Conformity to moral rightness in action or attitude; righteousness.
3.
- a. The upholding of what is just, especially fair treatment and due reward in accordance with honor, standards, or law.
- b. Law The administration and procedure of law.
4. Conformity to truth, fact, or sound reason
Definition - Justice
TheFreeDictionary by Farlex
b : judge
c : the administration of law; especially : the establishment or determination of rights according to the rules of law or equity
2 a : the quality of being just, impartial, or fair
b (1) : the principle or ideal of just dealing or right action (2) : conformity to this principle or ideal : righteousness c : the quality of conforming to law
Merriam-Webster Online Dictionary
According to the Torah
What the Torah says about justice is important considering the Qur'an claims to confirm the Torah (Quran 2:40-41 and Quran 2:89) and explicitly commands that people should adhere to its laws (Quran 5:43).
Judgment must be given fairly, and partiality cannot be shown to the poor or favoritism to the great.[1] In lawsuits, favoritism should not be shown to the poor.[2] When giving testimony in court, one must not pervert justice and side with the crowd in doing wrong.[3] To show partiality and to accept a bribe are considered perversions of justice.[4]
Scales of Justice
Scales can be considered a universal sign for justice. Even the ancient religions had such a concept. Maat, the Egyptian goddess of truth, right, and orderly conduct holds the scales which weigh the human heart in the judgment of the dead. Iustitia, the Roman's Lady Justice, is another goddess of justice who carries measuring balances. And the book of Daniel refers to scales being used to judge a man just as with other ancient religions.[5]
In the Qur'an
The Law of Honest Scales
The Tanakh codified the law that scales and measuring balances be honest. Such a rule and similar statements can be found in the Torah[6] and the book of Proverbs[7][8]. The Qur'an includes the same:
The Scales of Allah
The evil deeds of a rich man, when placed upon Allah's scales of judgment, will weigh more than had he been a poor man. The hadith describe how the atonement (the good deed required to make up for the evil deed) is different depending on one's income level.
Other narrations describe rich people being judged more harshly on the day of judgement
The Dishonest Scales of Shari'ah
Non-Muslims
The punishment for murder depends on the religious status of the killer and his/her victim.
The vast majority of Muslim scholars hold the above view, while others believe that a Muslim can be killed if he kills a non-Muslim Dhimmi who is under the "protection" of the Islamic community.[9][10]
The value of the life of non-Muslims is less than that of Muslims, and the value of the life of a woman is less than that of a man.
The value of the blood-money at the time of the Apostle of Allah (peace_be_upon_him) was eight hundred dinars or eight thousand dirhams, and the blood-money for the people of the Book was half of that for Muslims.
He said: This applied till Umar (Allah be pleased with him) became caliph and he made a speech in which he said: Take note! Camels have become dear. So Umar fixed the value for those who possessed gold at one thousand dinars, for those who possessed silver at twelve thousand (dirhams), for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. He left the blood-money for dhimmis (protected people) as it was, not raising it in proportion to the increase he made in the blood-wit.Death Compensation in respect of a male person:
i. Muslim - SR. 100,000/-
ii. Christian/Jew - SR.50,000/-
iii. Other religions : such as Hindu, Buddhist, Jain, etc. - SR 6666.66
In the case of death of a female, death compensation allowed is equal to half the amount as admissible to males professing the same religion. Further the amount of compensation admissible, is based on the percentage of responsibility fixed on the causer e.g. if the causer is held 50% responsible for the accident resulting in the death of a Muslim, the amount of Death Compensation admissible will be SR 50,000 only.Women
A woman's witness testimony is worth half that of a man's.
A woman's inheritance is half that of a man's.
Islamic Scholar on Justice and Human Rights
To sum up what these organizations promote: it is that man should be able to do whatever he wants, no matter how perverse. They support lesbians, homosexuals and bisexuals, and religious deviance. They regard it as a human right to disbelieve in whatever religions one wants and to express one’s opinion – even about the Prophets – without any fear or shame, and they also support the liberation of woman from the control of her father, husband or religion.
Secondly:
There follow some of the articles of the Universal Declaration on Human Rights, which was approved by the United Nations on 10/12/1948 CE, which we are quoting from their website: [Quotes from Articles 2, 18, & 19]
These so called rights and freedoms which they call for all people to enjoy regardless of religion make the monotheist and the polytheist equally entitled to these rights and freedoms, so the slave of Allaah and the slave of the Shaytaan are placed on the same level, and every worshipper of rocks, idols or people is given the complete right and freedom to enjoy his kufr and heresy. This is contrary to the laws of Allaah in this world and the Hereafter. [Quotes Quran 68:35-36, Quran 38:28, & Quran 32:18]
It is a call to abolish the ruling on apostasy, and to openly flaunt the principles of kufr and heresy. It is a call to open the door to everyone who wants to criticize Islam or the Prophet of Islam Muhammad (peace and blessings of Allaah be upon him) and to have the freedom to criticize and express oneself with no restrictions.
These are corrupt principles. Even if they suit their lives, values and religion, they do not suit us and they are contrary to our pure sharee’ah, which brought rulings that are suited to individuals and societies, and establish noble morals, and protect minds, honour, physical well being and wealth, and show people the religion which Allaah loves and is pleased with.
[Quotes from Article 3] It is from this Article that the calls of these organizations come to protect criminals against execution, and started to give bad publicity to the nations which carry out the hadd punishments of Allaah by stoning married adulterers and executing bandits and those who spread mischief in the land. Now these organizations proudly claim that they have convinced many nations to abolish the death penalty for killers, rapists and criminals. This is contrary to sound human nature, reason and sharee’ah, and it is a message that gives peace of mind to those criminals that their lives will never be lost because of their deeds, which is a way of spreading mischief on earth.
They claim that the individual has the right to life and liberty, even if it is a bestial life, and even if that freedom leads to corruption, sicknesses and loss of security for the family and society.
[Quotes from Article 16] This article annuls the role of the woman’s guardian (wali) which is to protect the woman’s rights in marriage, and to help his daughter or sister to make a good choice, and to ask about the religious commitment and character of the suitor. It is by His wisdom that Allaah has prescribed this. If marriage was left up to the woman without her guardian’s consent, you would see most girls marrying those who enchant them of the wolves of men, who are eager to rob them of their chastity then throw them aside.
They also give the wife the same rights of divorce as the husband has. This is something that causes women to turn against their husbands and leads to the break up of their families. The one who knows the nature of men and women will not be able to agree to such nonsense. Western families are not so intact that we can say: Look at how they were destroyed. The call for homosexual rights and the rights of women to form any relationship she wants and women’s rights in marriage and divorce – what families can be built on such shaky foundations?
Islam Q&A, Fatwa No. 97827
External Links
- Is this revenge? - Freedom Bulwark (archived), http://univerbuddy.freedombulwark.com/is-this-revenge/
References
- ↑ Leviticus 19:15
- ↑ Exodus 23:3
- ↑ Exodus 23:2
- ↑ Deuteronomy 16:19
- ↑ Daniel 5:27
- ↑ Leviticus 19:36
- ↑ Proverbs 11:1
- ↑ Proverbs 16:11
- ↑ Killing a Muslim in punishment for killing a non-Muslim - Islamweb, Fatwa No.92261, August 1, 2006
- ↑ Fatawa: Killing a Muslim for a Non-Muslim - Islamic Science University of Malaysia, November 6, 2003