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ETHICS AND FIQH FOR

EVERYDAY LIFE
UNGS 2050
SEM 2 15/16
SECTION 24
COURSE INSTRUCTOR :
DR. MD YOUSUF ALI

JUSTICE IN ISLAM

SITI AISYAH BT MOHAMAD


1428054

CONTENTS
i
ii
iii

iv

v
vi

vii
viii

Appreciation
Introduction
of Justice
Meaning of
Justice in
Islam
Concept and
Types of
Justice
Necessity of
Justice
Justice in AlQuran and it
Implication on
mans life
Conclusion
References

1
2
3

5-6
7-8

APPRECIATION
In performing this assignment, I have to take the help and guideline
of some respected persons, who deserve our greatest gratitude. The
completion of this assignment gives me much pleasure.
I would like to show my gratitude to Dr. Md Yousuf Ali , course
instructor for ethics and fiqh for everyday life (ungs 2050) section 24,
International Islamic University Malaysia for giving me a good guideline for
assignment throughout numerous consultations and thank you for
introducing me to the methodology of work, and whose passion for the
underlying structures that had lasting effect.
I would also like to expand my deepest gratitude to all those who
have directly and indirectly guided me in writing this assignment.

INTRODUCTION OF JUSTICE
In Arabic, justice is adalah or (adlu). Al-Adlu signifies the rating of a
thing as equal to a thing of another kind so ad to make the former like the
latter. Adalah is described as possessing that quality of good, righteous, or
veracious.

The word justice gives several meanings. It may refer to the


administration of law according to prescribed and accepted principles;
conformity to the law legal validity; the quality or fact of being just. The
upholding of rights, and the punishment of wrongs, by the law. Justice is
what is approved and pleasing1. It also refers to a moral value commonly
considered to be the end which law ought to try to attain, which it should
realize for the man whose conduct is governed by law, and which is the
standard or measure, criterion of goodness in law and conduct that can be
critised or evaluated. Besides, everyone is responsible and answerable for
all his or her actions. Abdullah bin Umar reported the Prophet SAW as
saying:

Each of you is a shepherd and each of you is responsible for his


flock. The Imam who is over the people is a shepherd and is responsible
for his flock; a man is a shepherd in charge of the inhabitants of his
household and he is responsible for his flock; a woman is a shepherdess in
charge of her husbands house and children and she is responsible for
them; a mans slave is a shepherd in charge of his masters property and
1 Islam & Justice, Definition, Aidit B Hj Ghazali, 29

he is responsible for it. So each of you is a shepherd and each of you is


responsible for his flock2.

MEANING OF JUSTICE IN ISLAM

Justice is highly valued in Islam which means placing something in


its rightful place. It enjoys pre-eminence over all other constant values
preached by religion. It is among the primary fundamentals of Islamic law
(sharia); all the means guaranteeing its fulfillment are therefore lawful
Islamic means, even if they are not stated in the revelation. Furthermore,
among the Most Beautiful Names of Allah (AsmaAllah al Husna), there is
the name which is The Equitable (AlAdl), which is also one of the
Almightys essential attributes.

Allah said in the holy Quran in surah Al AnAm 6:152,


. . . And when you testify, be just, even if [it concerns] a near relative. And
the covenant of Allah fulfill. This has He instructed you that you may
remember.4

2 Hadith Bukhari & Muslim


3 Islam & Human Rights, Justice, Muhammad Amara, 48
4 Al An Am, 6:152

According to this ayah, Allah had really stressed on justice because


in Islamic legal thought, justice is a compulsory duty,, not a mere right
among the rights of a person that he can dispense with or neglect without
ensuing guilt or transgression. It is a compulsory duty, imposed by Allah
upon everybody without exception because Islam demands justice not
only from its leaders but also from the community, besides also included
in the distribution of wealth, business, education, be in the physical form
or opportunities to accumulate them and must be done fairly.

CONCEPT AND TYPES OF JUSTICE

The concept of justice is far higher than the so-called distributive


and corrective justice, the natural justice, the formal justice or any other
man-made law5. Basically, justice operates at two different levels. The
first is distributive and the second is corrective.

First of all, as distributive justice, it prescribes equality; there has to


be equal distribution among the equal. It works to ensure a fair division os
social benefits and burden among members of a community. Distributive
justice serves to secure a balance or equilibrium among the members of
society.
5 Islam & Justice, concept, Aidit b Hj Ghazali, 33
6 Islam & Justice, Ideas, Aidit b Hj Ghazali, 30

Next ,corrective justice seeks to restore equality. When the balance


of benefits and burden in a society have been shaken or disturbed,
corrective justice will move redress and correct the disequlibrium. It is the
function of the courts to apply justice in its corrective sense.

Hence, in a just system of law, we shall expect to find on the one hand,
rules aiming to procure an equality of distribution, and on the other,
specific rules relating to the application of corrective justice by the courts.

NECESSITY OF JUSTICE

The necessity of justice is of equal importance be it observed


towards the other or towards the self where justice to be a mere aright,
it would be possible for man to renounce his share of it, and inquity
towards oneself would not fall within the compass of sinfulness and
offence committing. Islam, however which considers justice as a
compulsory religious duty imposed upon mankind, has also conside, it
would be possible for man to renounce his share of it, and inquity towards
oneself would not fall within the compass of sinfulness and offence
committing. Islam, however which considers justice as a compulsory

religious duty imposed upon mankind, has also considered being unfair to
oneself as a capital crime and a immense iniquity7:
Indeed, those whom the angels take [in death] while wronging
themselves - [the angels] will say, "In what [condition] were you?" They
will say, "We were oppressed in the land." The angels will say, "Was not
the earth of Allah spacious [enough] for you to emigrate therein?" For
those, their refuge is Hell - and evil it is as a destination. Except for the
oppressed among men, women and children who cannot devise a plan nor
are they directed to a way. For those it is expected that Allah will pardon
them, and Allah is ever Pardoning and Forgiving8.

Furthermore, as an Islamic duty applying to everybody and enjoying a


comprehensive and an all encompassing character, is thus a necessity
that transcends the sphere of the saints. Its generalised extent is
compulsory regardless of the religious belief and dogmas held of the
people concerned; it is a human duty and necessity that must be
observed by man for his own sake, sincehe is a human being. It is
therefore a compulsory duty whether those concerned are believers or
unbelivers, friends or foes:
O you who have believed, be persistently standing firm for Allah ,
witnesses in justice, and do not let the hatred of a people prevent you
from being just. Be just; that is nearer to righteousness. And fear Allah ;
indeed, Allah is Acquainted with what you do9.

In like manner, it is compulsory even if it clashes with propensity and


affection, when it is inconcsistent with personal interst or with the interest
of those to whom the person is inclined :
7 Islam & Human Rights,Necessity, Muhammad Amara, 48-49
8 An Nisaa , 97-99
9 Al Maida, 8

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. 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, with what
you do, Acquainted10.

To concludes, when we look at the ten recommedments that Allah has


recommend to man in the holy Quran , we notice that balance of equity as
a necessity and a human duty is the criterion for discerning that which is
lawful from the unlawful in these commendments. Allah Almighty says,
And do not approach the orphan's property except in a way that is best
until he reaches maturity. And give full measure and weight in justice. We
do not charge any soul except [with that within] its capacity. And when
you testify, be just, even if [it concerns] a near relative. And the covenant
of Allah fulfill. This has He instructed you that you may remember. And,
[moreover], this is My path, which is straight, so follow it; and do not
follow [other] ways, for you will be separated from His way. This has He
instructed you that you may become righteous. Then We gave Moses the
Scripture, making complete [Our favor] upon the one who did good and as
a detailed explanation of all things and as guidance and mercy that
perhaps in [the matter of] the meeting with their Lord they would
believe.11

JUSTICE IN AL-QURAN AND IT IMPLICATION ON MANS LIFE


Islam is against all kinds of injustice. Such attitude is adopted, not
because Islam submits to the need of the society or seeks their support in
its course, but the objective is more noble than that. It is in fact serving
the need to carry out the command of Allah and to seek his pleasure.
10 An Nisaa, 135
11 Al An Am, 152-154

Allah says to the effect: But as for those who believed and did righteous
deeds, He will give them in full their rewards, and Allah does not like the
wrongdoers..12 In another verse of the quran, Allah emphasises that the
wrongdoers or the unjust will be devoid of His guidance. But Allah guides
not a people unjust.13

The unjust or the wrongdoers are not capanble of hiding their true
character because Allah the Most Knowing, knows whatever they do.
There is nothing to stop Allah from knowing their nad deeds. Allah says to
the effect: But Allah know best those who do wrong. 14 Meanwhile, in the
following verse, Allah narrates that He had destroyed the people of the
past because they indulged themselves in evil deeds and unjust activities
despite the fact that they had been given clear teaching and reminded of
the consequences of such activites. : And We had already destroyed
generations before you when they wronged, and their messengers had
come to them with clear proofs, but they were not to believe. Thus do We
recompense the criminal people.15

Islam does not only prohibit any unjust acts, but it also forbids the
giving of any assistance towards injustice or harbouring any inclinations
towards it, like Allah said in Quran And do not incline toward those who
do wrong, lest you be touched by the Fire, and you would not have other
than Allah any protectors; then you would not be helped. 16 Thus ,it is
clear that Allah really stressed and stated many justice in the holy Quran
12 Ali Imran, 57
13 Ali Imran,86
14 Al An Am, 58
15 Yunus ,13
16 Huud ,113

to say that Allah asserts that it is not wise for anyone to collaborate with
the unjust.

Meanwhile, the implication of justice bring people in one brotherhood because justice in
fact is the bond which holds society together because Islam rejects certain individuals or
nations being favored because of their wealth, power, or race. God created human beings as
equals who are to be distinguished from each other only on the basis of their faith and piety.
The Prophet Muhammad said: O people! Your God is one and your forefather (Adam) is
one. An Arab is not better than a non-Arab and a non-Arab is not better than an Arab, and a
red (i.e. white tinged with red) person is not better than a black person and a black person is
not better than a red person, except in piety.17 And also the annual pilgrimage (Hajj) to
Makkah shows the real Islamic brotherhood of all races and nations, when about two million
Muslims from all over the world come to Makkah to perform the pilgrimage.

Justice also make the authority power become fair and distribute well when placing
someone in post or function appropriate to his capabilities., to mete out sentence or make a
decision appropriate to a situation or the person about to receive it and also to place wealth or
property to those who rightly deserves them ,that make mans life become peace and stable
with the existence of justice in the administration ie social, political, economis, and
management18

CONCLUSION
17 Narrated in Musnad Ahmad
18 Justice in Historical islam, Anwar Ahmad qadri, 7

To conclude, justice is the duty or obligation of all mankind and


everyone will be asked by Allah of all their action in the Day of Judgemnet
because there are several verses of the Quran and Sunnah have lucidly
illustrate that Islam is very much against any type of injustice yet people
who are justice, Allah will surely reward them. [It is] the promise of Allah .
Allah does not fail in His promise, but most of the people do not know.19

Being justice also brings many benefits to it believer which are self-restrain. From the point
of view of self-control and abstaining from sins especially when man knows that his words
and deeds are in the knowledge of Allah and not even a fraction of his deed however small it
may be ignored from being taken into account, and that he will be paid back for his noble and
evil deeds, he will then not consider himself independent in this world.

Besides, cheerful outlook when anyone who has belief in the Justice of Allah in all worldly
affairs possesses a cheerful outlook of life and as such when he considers Allah to be just he
has cogent reason and a satisfactory answer of the unpleasant things. He accepts the
unpleasant things without hesitation. Such a person never suffers from disappointments and
despair.

Justice also plays its role in individual and collective life. The faith in the Justice of Allah
helps to lay the foundation of justice in individual and collective life. Such a person prepares
himself to accept justice in his personal and social life.

REFERENCES

19 Ar rum, 30:6

Islam & Justice, Definition, Aidit B Hj Ghazali, 29


Hadith Bukhari & Muslim
Islam & Human Rights, Justice, Muhammad Amara, 48
Al An Am, 6:152
Islam & Justice, concept, Aidit b Hj Ghazali, 33
Islam & Justice, Ideas, Aidit b Hj Ghazali, 30
Islam & Human Rights,Necessity, Muhammad Amara, 48-49
An Nisaa , 97-99
Al Maida, 8
An Nisaa, 135
Al An Am, 152-154
Ali Imran, 57
Ali Imran,86
Al An Am, 58
Yunus ,13
Huud ,113
Narrated in Musnad Ahmad
Justice in Historical islam, Anwar Ahmad qadri, 7
Ar rum, 30:6