'Adalah (Justice): Difference between revisions

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Just as with [[adultery]], the meaning of '''justice''' in [[Islam]] differs from the modern/secular and Biblical understandings of the word. This article critically examines Islamic justice both in the theology of Islam and the practical aspect of Islam--[[Islamic Law|shari'ah law]].
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 does the same:
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 Dishonest Scales of Allah==
==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. We know this because the atonement (the good deed required to make up for the evil deed) is different depending on one's income level.
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."}}


On the surface it would appear that a rich man's penalty should be more than a poor man's because a poor man cannot afford to pay as much as one who is wealthy, and the hardship suffered by exacting equal payment will be unequal--the poor man will suffer more than the rich man would.
Other narrations describe rich people being judged more harshly on the day of judgement
 
However, one must ask this important question: '''Why is the man poor or rich in the first place?'''
 
Wealth can be accumulated by luck or dishonest means, that is true. However, wealth is often-times acquired through perseverance, hard work, and intelligence.  In the same token, poverty can occur due to bad luck or being the victim of unjust acts, but it can also occur because of laziness and poor decision-making.
 
The scales of Allah violate not only the concept of justice in modern, developed nations but they also violate the concept of justice in the Torah by showing partiality to the poor.
 
True justice demands punishment based on the transgression...not the income level of the transgressor.


==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.}}
==See Also==
*[[Doublespeak]]


==External Links==
==External Links==
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