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Nasr Hamid Abu Zayd

The Qur'anic Concept of Justice

This discussion of the Qur'anic, rather than Islamic


concept of justice is situated in the history of the
Qur'an's compilation. Various aspects of the Qur'anic
sciences are critically employed to elucidate a Qur'anic
concept of divine justice based on "the most trustworthy
handhold" (al-'urwtu 'l-wuthqa). This eternal pact
between God and his creation is established on the
divine law inherent in every human soul (fi'ra) which
recognises the absolute authority of the One God. Justice
is done when individuals are "just" and sincere to this
inner nature, and their salvation rests in this. Thus the
prophets and Qur'an are reminder (dhikr) of this initial
revelation and the need to remain true to it. Dealing
with equality and justice, it is important to refocus
scholarly attention away from apologetic Islamic
responses to issues of polygamy, the position of women,
non-muslims and freedom of religion. A historical
recontextualisation of the Qur'an may provide a more
objective way of analysing these issues. Finally, after a
discussion of various sins relating to social and economic
justice, which are raised in the Qur'anic parables as
examples of human disobediance and departures from
Divine justice, the concept of scale (mizan) in reference
to the final judgement of humanity's good and evil is
elaborated.

Summary

Content

1.
2.
3.
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5.

deutsch

Qur'an
Islam and Divine Justice
Equality and Justice
Economic Justice
Justice ('adl and qist)

Justice is a concept that is usually related to, and


connected with, the concept of equality in the eyes of
law; it means that the law should treat equally people

who adhere to its rules and norms, regardless of their


social, political or economic status. This is the judicial
connotation of the concept. However, the concept
provokes, furthermore, a wider paradigm of human
equality upon which justice is not, or should not be,
limited to its judicial connotation. Yet because equality is
a relative concept, defined mainly by cultural, societal
and sometimes by political and religious norms, it is
expected that the concept of justice is similarly relative.
With the emergence of the modern awareness of Human
Rights, cultural relativism is challenged and the question
concerning human justice based on absolute equality
between individuals and nations regardless of their
differences is brought back to the attention of
philosophers as well as theologians. My contribution in
this paper will be limited to investigate the Qur'anic
concept of justice rather than investigating the Islamic
concept. Though the investigation of the Qur'anic
concept is not an easy task to be entirely covered in
such limited space and time, the study of the Islamic
concept entails necessarily indulgence in almost all the
Islamic disciplines, such as jurisprudence, theology,
philosophy, mysticism, and above all Qur'anic exegesis.
An introduction to the Qur'an and to Islam as expressed
in the Qur'an is, nevertheless, needed to establish the
ground for the discussion.

1. Qur'an

Online version 2
of the Qur'an:
Islam101 Web
Site
Muslim Student
Association,
Oregon State
University
About Islam
and Muslims Web

The Qur'an is the word of God revealed to


Prophet Mohammed during more than 20 years. There
are so many vocabularies that refer to the Qur'an and
signify it, the most popular one is the word
"Qur'an". Wahy(revelation or inspiration) is another
vocabulary, but I would rather explain it as denoting the
'channel' through which not only the Qur'an was
revealed but previous scriptures were revealed as such.
Etymologically, it means "mysterious communication"
and its usage in pre-Islamic literature, as well as its
usage in the Qur'an, demonstrates a mysterious
communicative pattern in which two deferent grades of
being are involved. 1

In the revelation of the Qur'anic three grades of being


are involved, i.e., God the sender, the Archangel as
mediator, and the Prophet as recipient, but the
mysterious connotation of the process of communication
is still obvious and emphasised. According to the Qur'an,
God has chosen Prophet Mohammed to be His
messenger in order to convey His message to the
people, which indicates the double position, first
recipient and then messenger to the people. Here comes
the third vocabulary risala, but it is very obvious
that risala conveys the "content" of the Qur'an
as wahy conveys the channel of transmission. There are
other numerous vocabularies, such
as dhikr (reminder), bayan(explanation or eloquence),
and huda (guidance) etc. However, they are adjectives
rather than proper names, simply because they are all
applicable to the previous scriptures, the Qur'an attests
to this fact.

Nasr Abu Zayd: 4

Returning back to the proper name Qur'an, philologists


suggest that it is derived either from qarana (to bring
together or to collect) or from qar'a(to recite). Here I
favour the second lexical meaning for several reasons.
First is the very obvious fact that the Qur'an was
originally transmitted to prophet Mohammed in oral
form. It is explained everywhere in Islamic literature that
the Holy Spirit initially conveyed/recited some verses to
the prophet during each session of revelation, and the
prophet used to recite them afterwards to his
companions. These verses, or passages, were integrated
into chapters and were partially committed to some sort
of written form. It was after the Prophet's death that
these chapters were collected and arranged and then
written down in a book, al-Mushaf.

Site

The Textuality of
the Qur'an.
Article
Linguistic
Exposition of
God in the
Quran.
Article
Islam and
Europe: Past and
Present.
Article

Enlightment in
Islamic Thought.
Article
The
Modernization of
Islam or The
Islamization of
Modernity.
6
Article

The second reason is the fact that the Qur'an, in spite


of being committed to written form, had never been
dealt with as a written text in the daily life of the early
Muslim community. It had to wait till the print age in
order to be considered as such. Even now with the
Qur'an being a printed text, what is important for every
Muslim is the memorisation of the Qur'an by heart and
the capability of reciting it according to the classical
principles of recitation tajwid.
Lastly, the artistic characteristics of the Qur'anic
language that affect the daily life of Muslims is mainly
related to its verbal recitation and chanting. One of its

major artistic effects is that generated by its poetic


language when recited privately or collectively. That is
why the recitation of the Qur'an is very important
practice in the community as well as in the individual
life. In almost every occasion passages of the Qur'an are
recited: in marriage, funeral and at the inauguration of
festivals or celebrations not to mention rituals, regular
prayers or other religious occasions. 2
7

Islamic thought has developed various disciplines to


study the Qur'an, which present all together a
multidisciplinary approach. Known as "the sciences of
the Qur'an" ('ulum al-Qur'an), some of them concentrate
on the historical formation of the Qur'anic text, others
are devoted to its structure, while the rest try to
investigate its peculiarities. As for analyzing its meaning
and content commentators, theologians as well as jurists
have to efficiently master these sciences of the Qur'an in
order to be able to employ them as apparatus, without
which studying the Qur'an is not possible. The present
paper cannot ignore the importance of such disciplines,
for a detailed study of which the writer has devoted an
entire book. 3 But in the modern context, however, a
critical employment of these classical disciplines is
essential. Such a critical employment is based on looking
at what they signify rather than being satisfied with what
they only convey. In this paper, this critical employment
of some of the Qur'anic sciences will be noticed without
further elaboration on methodological explanation.

2. Islam and Divine Justice

The religion God 8


has established
for you is the
same religion as
that which He
enjoined on
Noah, as it is
also the same
We enjoined on
Abraham, Moses
and Jesus.

According to the Qur'an, Islam is not a new religion


brought down toMuhammad to preach for the Arabs, but
it is the same basic essential message preached by all
the prophets since the creation of the world.The
religion God has established for you is the same religion
as that which He enjoined on Noah, as it is also the same
We enjoined on Abraham, Moses and
Jesus. (42:13) 4 We have revealed to you the same
We sent to Noah and the Messengers after him; We
revealed to Abraham, Ishmael, Isaac, Jacob and the
Tribes to Jesus Job Jonah Aaron and Solomon and to
David We gave the Psalms. (4:163-164) It is, therefore,

understandable, that all prophets are considered


Muslims by definition in the Qur'an (see 6:163; 7:143;
10:72,84,90; 27:31,38,42,91; 39:12; 46:15 etc.).
9

In accordance with the lexical meaning of the word,


Islam is the absolute self-submission to God, the Lord of
the universe. The Qur'an repeatedly
emphasizes, whoever submits his whole self to God and
is a doer of good he will get his reward with his Lord; on
such shall be no fear nor shall they grieve (2:112). See
also 4:125 and 31:22, where Islam is identified
as al-'urwtu 'l-wuthqa, the most trustworthy handhold. This is a metaphoric expression that conveys an
eternal convention made between God and man. In this
convention God drew forth from the children of Adam,
from their loins, their descendants, and He made them
testify concerning themselves. He asked: 'Am I not your
Lord?' and they responded: 'Yes we do testify!' (7:172).
This pact made between God and his creation, before
being physically brought to existence, is the inherent
self-awareness as well as self-testimony not only of the
existence of God but of His absolute authority as such.

10

This self-awareness constitutes the fi'ra, or the divine


law inherent in every individual soul. According to that
law, every individual is to set his face steadily and truly
to the standard religion established by God. This
inherent law will be, on the other hand, the basis for selftestimony, self-judgment in the life-after, for those who
will not recognize their inner nature in this life. This pact
will be then the measure of evaluation, so, at least every
individual would not say when it comes: of this pact we
were never mindful (7:172).

11

Islam is then the standard religion, fi'ra, based on the


eternal contract in which every human soul testifies that
God is the only Lord. Recognition of that self-inherent
eternal contract during the lifetime of every man means
that his soul is saved, which indirectly implies that man's
soul is saved by him being sincere and "just" to his
inherit nature. Unsaved souls are those who have not
been able to do "justice" to them selves; they fail to
recognize their own inner fi'ra, so, it is their own
responsibility.

Sayyid Mujtaba 12
MusawiLari:

The story of Adam and Eve in the Qur'an indicates that


it was the responsibility of both Adam and Eve that led to
their expulsion from Heaven, though Adam was highly
honored to the extent that the angels were ordered to

(42:13)

Divine Justice.

bow down in his respect. But he forgot the convention


God made with him to avoid eating from a certain tree
(20:115). For such doing injustice to themselves they
said, our Lord, we have done injustice to our own souls:
if Thou forgive us not and bestow not upon us Thy mercy
we shall certainly be lost. (7:23) Then Adam received
from his Lord words and his Lord turned toward him; for
He is Oft-Returning Most Merciful. (2:37) Judgment is
then not based on arbitrary authority, but it is the
outcome of every individual's self-awareness or
unawareness of his own inherent soul. The story of Adam
and Eve as portrayed in the Qur'anic narrative is sets
this example.
13

This basic concept of fi'ra, which is established on the


eternal convention al-'urwatu l'wuthqa, is the solid
ground for the absolute Divine Justice and the absolute
responsibility of every human for his eternal destination.
The experience of Adam's forgetting his Lord convention
establishes the need for a Divine reminder, which are the
words Adam received from God. So, God's mercy does
not leave man alone with his own self-recognition which
might fail him; He helps man to remember that eternal
pact by sending prophets with messages. That was
exactly what God said to Adam, Get down all of you
from here; and if as is sure there comes to you guidance
from Me whosoever follows My guidance on them shall
be no fear nor shall they grieve. But those who reject
Faith and belie Our Signs they shall be Companions of
the Fire; they shall abide therein. (2:38-9) All prophets,
including Prophet Muhammad himself, are, accordingly,
representatives of 'reminders'; the Qur'an is simply
called dhikr, reminder, (a name mentioned 52 times in
the Qur'an) andMuhammad is only mudhakkir (88:21).
Revelation represents God's mercy indicating His Divine
Justice and man's responsibility when being unjust to
himself. The concept of self-injustice, zulm al-nafs is
always associated in the Qur'an with confirming the
Divine justice and strongly negating any sense of
injustice to be attributed to God (e.g. 2:57; 3:117;
7:9160-62,177; 9:36,70; 10:44; 16:33,118; 18:49; 29:40;
30:9).

Is there any
14
possibility for the
atheists and the
polytheists to
enjoy justice in

Following the prophets by accepting their messages is,


in fact, a matter of recognizing the self-inherent pact and
following the standard religion of God, whether it is
Judaism, Sabianism, Christianity or Islam. Differences
between religions are only differences between their

Article
Islam, Freedom,
and Justice.
Article

laws, i.e., their legal dimensions, which are temporal and


subject to change in time and place while their essential
dimension of faith is the same. This essential dimension
is to believe in God and the Last Day and to do
righteousness. Those who believe (in the Qur'an), those
who follow the Jewish (Scriptures), the Sabians and the
Christians, any who believe in God and the Last Day and
work righteousness on them shall be no fear nor shall
they grieve. (5:69)
15
any Muslim
community? The
answer should
be evidently yes,
according to the
Qur'an at least,
simply because
the Divine Justice
implied in the
concept
of fi'ra constitute
d on the 'eternal
pact' allows no
injustice in the
whole universe.

Human beings are categorized in the Qur'an, from the


above-mentioned Islamic view, into four major
categories. The first category is those who deny the
existence of God and the life-after and claim that there is
only this life and nothing else after death. Those are the
atheists (al-kafir'n). The second category is those who
believe in God but claim association with Him. Those are
the polytheists (al-mushrik'n). Third, those who believe
in God and the life-after, but they do not obey His law;
those are the disobedient people (al-fasiq'n). The fourth
category is those who believe in God and the life-after
and live according to the revealed law, those are the
faithful people (al-mu'min'n). Now the question is: is
there any possibility for the atheists and the polytheists
to enjoy justice in any Muslim community? The answer
should be evidently yes, according to the Qur'an at least,
simply because the Divine Justice implied in the concept
of fi'ra constituted on the 'eternal pact' allows no
injustice in the whole universe.

3. Equality and Justice

16
The position of
women expressed
in the Qur'an, in
general, is
relatively and
historically
speaking
progressive. It
could be easily

There are certain issues that seem to be in


contradiction with the concept of justice from modern
view at least. Issues like polygamy, the position of
women as well as non-Muslims, and freedom of religion
are continuously provoked in any discussion about the
Qur'an and Islam. There are so many apologetic
responses by Muslim trying to tackle such issues, but
the historical explanation as well as textual recontextualization of the Qur'an might provide an
objective way of analyzing the above mentioned issues.
Polygamy, historically speaking, was a popular practice
in human societies before Islam, so it is a great mistake

reinterpreted
according to what
it reveals by its
historical and
contextual
significance in
order to unfold its
implication and,
therefore, to
foster the basic
principle of
equality inherit in
the concept of
justice.

and gross academic error to think of polygamy as part


of the Islamic revelation, stipulated by the Qur'an. It is
true that the issue is addressed in the Qur'an, but it is
more important to measure the Islamic discourse
according to the pre-Islamic measures, that is to say to
're-contextualize' the Qur'anic message. The Qur'anic
verse taken as to have stipulated polygamy is basically
addressing the issue of orphans, who needed protection
and custody after loosing their parent(s) in the battle of
Uhud (3 AH / 625 CE), when Muslims were seriously
defeated and 10% of the army in total 700 warriors
were killed leaving behind their children. The historical
context, as well as the textual context, reveals that the
permission given was to marry an orphan' mother
(widow) or a female orphan, in case of fear of failing to
provide protection properly, especially if any of them
inherited some fortune. If you fear that you shall not
be able to deal justly with the orphans, you are allowed
to marry women of your choice, two or three or four.
But if you fear that you shall not be able to deal justly
(with them) then only one. [...] That will be more
suitable to prevent you from doing injustice. (4:3)
17

Within this historical and textual context justice is the


focal concern of the Qur'an in this chapter, not only in
this verse but also in all the verses to follow. It is again
repeated in relation to wives: You will ever never be
able to be fair and just as between wives even if it is
your ardent desire(4:129), which imply strong
discouragement for marrying more than one wife. The
real problem is that the social pre-Islamic traditions
have prevailed and dominated Muslim societies as well
as Islamic jurisprudence. The name of the chapter is
misleading, because Muslims realized the subject
matter rather than the content of the chapter when they
decided to name it al-Nisa' (women). If the content were
taken into consideration, it would have been named
"Justice" (al-'Adl).

18

If we add to this the image of marriage presented in


the Qur'an, the whole misunderstanding will be
removed. The marriage relation is considered one of
God's Signs like the creation of Heaven and Earth.And
among His Signs is this that He created for you mates
from among yourselves that you may dwell in
tranquillity with them and He has put love and mercy
between you; verily in that are Signs for those who
reflect. And among His Signs is the creation of the

heavens and the earth and the variations in your


languages and your colors: verily in that are Signs for
those who know. (30-21-22, see also 16:72) The
position of women expressed in the Qur'an, in general,
is relatively and historically speaking progressive. It
could be easily reinterpreted according to what it
reveals by its historical and contextual significance in
order to unfold its implication and, therefore, to foster
the basic principle of equality inherit in the concept of
justice.
19

Moving from the specific position of to the other more


controversial issue of Human Rights, it should be
indicated that, having in mind the above explained
Qur'anic concept of Divine justice, the principle of
equality is one of the major, essential, and basic
teachings of Islam. It is clearly stated in the Qur'an at
the beginning of the chapter called "Women" that God
created all man-kind "from a single soul and created
its mate from the same soul and spread from both of
them too many men and women (4:1). Humankind,
thus created of male and female, has been made tribes
and nations in order to come to know each other
(49:13). This equality is not then a matter of choice; it is
constituted through the Divine honor bestowed on
man. We have honoured the sons of Adam; provided
them with transport on land and sea; given them for
sustenance things good and pure; and conferred on
them special favours above a great part of Our
Creation. (17:70)

Nasr Abu Zayd: 20

As has been explained above, Islam is the standard


religion manifested in all scriptures and revealed to all
the prophets. If the basic elements of faith are to
believe in one God and in the life-after, it does not
matter if the believer is a Jew, a Christian, a Sabian or
belongs to any other religion. In such definition of Islam
freedom of belief is guaranteed. There is no compulsion
in religion. The freedom to convert to another faith after
accepting Islam, even to convert back to polytheism or
atheism, is left to man's essential free choice. It is very
logical: if freedom of belief is guaranteed and secured
against enforcement, the individual's right to change his
or her religion is protected. However, it is also expected
in a religious text like the Qur'an that such an act will be
subject to punishment in the life after. There is no
immediate worldly-penalty mentioned for such an act in
the Qur'an. Such a penalty as prosecution or execution

Islam and Human


Rights.
Article
"The Concept of
Human Rights,
the Process of
Modernization
and the Politics of
Western
Domination".
In: Politik und
Gesellschaft4
(1998).

Article

Mohammed Ark
oune:
Democracy: A
21
Challenge to
Islamic Thought.
Article

Chandra Muzaf
ar:
Islam: Justice and
Politics.
Article

This equality
22
between all
human,
regardless of any
differences is
essentially
guaranteed
unless a state of
war is initiated
against Muslims.

was later introduced by jurists and institutionalized as


part of the faith. Again quoting the Qur'an will prove
that. Say [Mohammed], the truth comes down from
God: Let him who wills, believes, and let him who will,
reject: for the wrong doers We have prepared a
fire. (18:29) He who will turn back from his faith, soon
will God bring about (other) people whom He will love
and they will love him. (5:54) Those who reject faith
after they accepted it, and then go in adding to their
defiance of faith, never will their repentance be
accepted; for they are those who have gone
astray. (3:90 and 4:137)
This equality between all human, regardless of any
differences is essentially guaranteed unless a state of
war is initiated against Muslims. In such a case war
conditions as historically practiced are the rules. These
war condition are mostly situated in chapter nine of the
Qur'an called "Immunity", Bara'a or al-Tawba. It is
opened by declaration of war against the pagans of
Mecca, so these conditions should be understood as
only exceptional historical practical teachings, because
even during a state of war protection is guaranteed for
those who ask for it. If one amongst the pagans ask
you (Mohammed) for asylum, grant it to him, so he may
hear the word of God; and then escort him to where he
can be secure. (9:6). The whole notion of Jihad, which
etymologically does not mean "sacred war", was
developed as religious duty in the context of the Arab
expansion after the Prophet's death.
There is misunderstanding of so many Qur'anic
concepts caused by the de-contextualization of these
verses due to the present arrangement of the Qur'anic
chapters and verses. Truly it is mentioned in the Qur'an
that polytheists should be slain whenever they are
found (2:191). But considering only one contextual
level, namely the internal narrative and linguistic
context of the chapter itself, it is obviously meant as
"threat". The context reveals fighting as the only mean
to remove oppression and retain justice. No
transgression is allowed with regard to the Sacred
House, al-Ka'ba, and the sacred months. Fight in the
cause of God those who fight you but do not transgress
limits; for God loves not transgressors. And slay them
wherever you catch them and turn them out from
where they have turned you out; for tumult and
oppression are worse than slaughter; but fight them not

at the Sacred Mosque unless they (first) fight you there;


but if they fight you slay them. Such is the reward of
those who suppress faith. But if they cease God is OftForgiving Most Merciful. And fight them on until there is
no more tumult or oppression and there prevail justice
and faith in God; but if they cease let there be no
hostility except to those who practice
oppression.(2:190-193)
23

The behavior of the Prophet when Mecca was


conquered, ten years after Muslims were forced to leave
it, is a substantial proof against the literal
understanding. The Prophet simply gave the people of
Mecca his forgiveness and prayed for them to be
forgiven by God. During the great venture of Islam, no
single report of committing any collective killing by
Muslim conquerors was recorded. This means that the
early Muslims did not consider that those verses convey
an obligatory religious duty. And after all, Muslims are
commanded not only to do justice to those who do not
wage ware against them, but they are also ordered to
sustain relationship of good terms with them. God
forbids you not, with regard to those who fight you not
for (your) Faith nor drive you out of your homes, from
dealing kindly and justly with them: for God loves those
who are just. God only forbids you with regard to those
who fight you for (your) Faith and drive you out of your
homes and support (others) in driving you out from
turning to them (for friendship and protection). (9:6)

24

The same method of re-contextualization could be


applied to the position of non-Muslims. The stipulation
of jizya (the extra tax imposed on non-Muslims), for
example, is not basically initiated by the Qur'an; it was
also common political and economic practice in all
empires, the Roman as well as the Persian. It was not
even considered extra tax, for providing protection to
minorities as Muslim jurists interpret it, it was used as
sign of humiliation and enforcing absolute submission
(9:29). Fortunately, Muslim jurists in general did not
consider Jizya doctrine as sign of humiliation but were
eager to look at it as some sort of extra taxis to be paid
in return for not being involved in any military service.
They, therefore, released from its imposition women,
children, sick and handicapped persons and priests.
They even went further to consider the right of the poor
and the needy among non-Muslim to have share of the
stipulated alma, zakat, paid by Muslims alone. This is

brings us to deal with the dimension of social justice in


the early Qur'an revelation.

4. Economic Justice

25

The Meccan
revelation lays
emphasis on
doing justice and
being just
dealing with the
orphans, the
needy and the
poor. It should be
obviously
understandable
that in the socioeconomic
context of Mecca
during the
seventh century
the cry for
economic justice,
and, accordingly,
social justice was
a priority
demand.

Maulana
26
WahiduddinKh
an:
Social Justice in
Islam.
Article

The Meccan revelation lays emphasis on doing justice


and being just dealing with the orphans, the needy and
the poor. It should be obviously understandable that in
the socio-economic context of Mecca during the seventh
century the cry for economic justice, and, accordingly,
social justice was a priority demand. Though the
vocabulary 'adl that connotes "justice" is not used, the
concept is obviously implied. One of these passages is
addressed to Prophet Mohammed with special reference
to his childhood. He was an orphan himself; his father
died before he was born and his mother passed away
when he was six. The painful experience of his
childhood, though he was in the custody of his
grandfather, represents an example of the unjust socioeconomic situation in Mecca. Life became just fine for
the Prophet after being married to his noble wealthy wife
Khadija. The Qur'an tells Mohammed, who once thought
that his Lord abandoned him during the short period
during which the process of "revelation" stopped, that
his Lord did not abandon him, neither did he stop
communicating with him via the Holy Spirit. He was told
to be patient and to expect to receive more of God's
blessings in the future till he was satisfied. In this
context the Qur'an reminds Mohammed of his childhood
as a poor orphan fellow, did He not find you an orphan
and gave you shelter (and care)? And He found you
wandering and He gave you guidance. And He found you
in need and made you rich. Therefore, treat not the
orphan with harshness, nor repulse the beggar. (93:610).
In one of the earliest chapters, second revealed, the
people of Mecca are compared to an ancient nation who
were punished because they excluded any indigent
person from interring into their gardens, meaning they
intentionally deprived poor people from their gardens'
fruit. The Qur'an relates to them, let not a single
indigent person break in upon you into the (garden) this
day. (68:24) Again, this is repeated in the fourth

revealed chapter. When the sinners will be questioned by


the people of Paradise, what led you into Hell-Fire? the
Qur'an tells us that they will say: we were not of those
who prayed; nor were we of those who fed the
indigent. (47:42-44) There is another early chapter in
which ill treatment of the needy and the orphan is
considered sign of disbelief.Have
you [Mohammed] seen this one who denies the Day of
Judgment? Such is the one who harshly repulses the
orphan and encourages not the feeding of the
indigent. (107:1-3)

A.
Rashid Samnak
ay:
Social Justice in
Islam.
Article

27

In the 10th revealed chapter, the Qur'an rebukes the


self-centered person whether wealthy or poor. If such an
ego-centered person is wealthy, the Qur'an tells us, he
says proudly and arrogantly, my Lord has honored me,
while his reaction in case he is poor is to complain. He
says in despair, My Lord has humiliated me! (89:1516) In both cases man acts as if he or she is the only
human on earth; he or she has no awareness whatsoever
of other human being who need his attention and
consideration, especially when he or she is rich. The
Qur'an explicitly implies that being rich is not a privilege
bestowed by God on chosen elite; and being poor is no
sign of God's humiliation. On the contrary, richness and
poverty are meant to test humans. Such self-interested
attitudes of men equals absolute failure in the test. The
real crime of self-interested people is that they do not
give to the orphans, nor do they encourage one another
to feed the poor. They, in fact, devour inheritance all
with greed and love wealth with inordinate love! (89:1720)

28

The Qur'anic parables presenting the model of the rich,


arrogant, unjust example of a human being are found in
almost all the Qur'anic narratives. In one of those
parables the rich man is so full of himself thinking that
he gets what he deserves and there is more waiting for
him in the life-after, if there is a life-after. Instead of
being grateful to his Lord and sharing some of what God
provided to him with others, he says to his companion in
the course of a mutual argument: More wealth have I
than you and more honor and power. (18:34) He is
portrayed walking into his gardenin a state of being
unjust to his soul. It is important to point out that that
the image of the rich arrogant person is presented here
as being unjust to his soul, which means that his
unjustified behavior contradicts his inner nature; he

disobeys the eternal pact of God. He said, 'I deem not


that this will ever perish. Nor do I deem that the Day of
Judgment will (ever) come, even if I am brought back to
my Lord I shall surely find (there) something better in
exchange.' (18:35-36)
29

The opposite example in this parable is the "just"


human being who recognizes the fact that whatever he
enjoys is provided by God and he, therefore, should be
grateful and just. His response to the insolent companion
is, Do you deny Him, Who created you out of dust then
out of a sperm-drop then fashioned you into a man? For
me, He is God my Lord and none shall I associate with
my Lord. Why do you not as you enter into your garden
say: 'God's Will (be done)! There is no power but with
Allah!' If you do see me less than you do in wealth and
sons, it may be that my Lord will give me something
better than your garden. (18:37-40) The punishment of
such arrogance that amounts to heresy is thathis fruits
and enjoyment were encompassed with ruin. And he had
no one to help him against God nor was he able to
deliver himself. (18:42-43) This is the parable presented
in so many narratives emphasizing the fact that the
punishment God justly applies on individuals or nations
is basically caused by themselves.

What Allah has 30


bestowed on His
Messenger (and
taken away) from
the people of the
townships,
belongs to Allah,
to His Messenger
and to kindred
and orphans, the
needy and the
wayfarer; in
order that it may
not (merely)
make a circuit
between the
wealthy among
you. So take
what the
31
Messenger gives
you, and refrain
from what he

So far it could be said that the Qur'an is not unique in


this respect, condemnation of any ill-treatment of the
poor, the needy, the helpless or the handicapped is to be
found in all scriptures; it is an essential component of
any religious piety. This is absolutely true. Nevertheless,
the Qur'an has more to add; it stipulates as a religious
duty the rights of the poor to have their own share from
what belong to the rich people, thus creating probably
the first social welfare system in the history of human
communities. It was mentioned early in the Meccan
revelation that the believers should recognize that in
their wealth and possession there is "certain right" for
the needy and the unprivileged (51:9). But in an early
Madinan chapter alms (Arabic zakat or sadaqat) was
stipulated as one of the basic five pillars of Islam, third to
the vocalization of shihadaformula (testifying that there
is no god but Allah and Mohammed is His prophet) and
praying.
The stipulation of alms as compulsory duty defines the
beneficiaries as follows: the poor and the needy and
those employed to administer the (funds); for those

whose hearts have been (recently) reconciled (to truth);


for those in bondage and in debt; in the cause of God;
and for the wayfarer (9:60). Here, there is no sign or
insinuation whatsoever that non-Muslim are excluded;
there is no religious discrimination in this social welfare
system. In the same chapter the Qur'an goes further to
severely condemn the accumulation of wealth. Those
who accumulate gold and silver and spend it not in the
way of God ... heat will be produced out of that (wealth)
in the fire of hell and with it their foreheads, flanks, and
backs will be branded. They will be addressed, this is
the (treasure) you accumulated for yourselves, taste you
the (treasures) you accumulated! (9:34-35) More than
that, the Qur'an clearly indicates that one of its objective
is to justly distributes wealth. So alms was stipulatedin
order that wealth may not (merely) be circulated
between the wealth among you (59:7).

prohibits you.
And fear Allah:
for Allah is strict
in Punishment.
(59:7)

The great
32
opposition of the
Qur'an and its
harsh criticism of
the practice of
usury, riba,
stands alongside
alms' stipulation
as a basic
ground for
attaining socioeconomic system
of justice.

Does the stipulation of alms establish by itself a system


of economic justice? It certainly does, especially if we
think about the social context of its stipulation, and if we
add the other measures introduced in the Qur'an to
sustain the major objective of justice. The great
opposition of the Qur'an and its harsh criticism of the
practice of usury, riba, stands alongside alms' stipulation
as a basic ground for attaining socio-economic system of
justice. The two issues alms and usury are remarkably
connected to each other and compared with each other
in the Qur'an. The image of the charity givers, who
carefully and in a very decent manner spend helping the
needy without exposing them to any kind of
embarrassment, is compared with the image of those
who practice usury, the later is that of a blood-sucker
(2:273-280).

33

Now, so many Islamic banks have been established all


over the world during the last three decades, claiming
the re-institutionalization of free usury economic system.
But, the dealing in these banks, as a deep thorough
study published recently reveals, is as much as the same
dealing within the existent banking system based on
interest. The problem, according to the author of this
study, is that the jurists almost totally ignored the nature
and circumstances within which usury was forbidden;
they also ignored totally its purpose. 5 Thus by ignoring
the context of the Qur'anic position, the modern debate
about riba focuses only on whether or not the rationale
for the prohibition, which is injustice, is to be considered

rather than following the legal form in which ribacame to


be formally conceptualized in Islamic law. In such
allocation of the issue different concepts of justice and
injustice emerged in the discussion, simply because the
point of departure for all parties is the same, in which
both the moral and the legal aspects of riba are void of
their contextual background. The basic question is,
therefore, limited to whether or not the banking interest
rate on loans and deposits is riba or not. While the
modernists excluded it from the concept of riba the
revivalists insisted on its inclusion. 6 It became thus a
formal legal issue and, consequently, became a false
issue of islamization void of the central Qur'anic concept
of justice.

5. Justice ('adl and qist)

Nasr Abu Zaid: 34


"The Reform of
Islamic thought
comes from
abroad".
Interview
conducted by
Fathi Amer.
In: Al-Arabi, 7, 14
and 21
November 1999.
Interview

Maurice Rouma
35
ni /
Nasr Abu-Zaid:
"Die Schriften
sind nicht wichtig
... auf die
Interpretation
kommt es an."
In: SEF News 5
(1999).
Interview

Etymologically, the root is used in the Qur'an in all its


variations and forms, as noun, singular and plural, and
as an adjective, as well as a verb in all the forms. In its
singular forms, both the noun and the adjective do not
exactly convey the same meaning. The noun means
always justice. As an adjective it means rectilinear, just,
or well balanced; it thus applies both to beings and to
things. The corner stone of the Qur'anic concept of
justice is to be found in the passages where justice is
presented as Divine stipulation ordained by God. The
example to be analyzed is chapter 16:90, where justice
is associated with ihsan, which means doing the utmost
possible good and fine human behavior towards the self
as well as towards others.
It is remarkable in this verse that the order to do justice
and to do the best is not addressed to any addressee not
to man nor to the believers, as is the case in other
verses, which signify an overall comprehensive, or rather
cosmological, ordinance. The absence of a specified
grammatical object gives the verb "ordain" a scope of
semantic infinity. Ordaining justice and ihsan is followed
in the verse by forbiddingfahisha', shameful
deeds, munkar, all unaccepted behavior, and baghy,
exceeding the limits by being unjust in dealings with
others. More detailed examples are provided to
explain fahsha, munkar and baghy in 17:26-30, which

summarize the entire Qur'anic concept of justice and


unjust actions, from being self-unjust in associating other
with God to doing self-justice by being moderate in
personal expenditure. The correlation given between
justice and ihsan in 16:90 is to find its full significance in
the definition given to ihsan by the Prophet where he
says, it is to serve God as if you were (physically) able to
see Him. But realize if you cannot see Him, He sees
you. 7 Such a prophetic explanation obviously
places ihsan on the highest grade of God's service, even
higher than the ordinary rank of faith.
If ihsan and 'adl are so associated, the position
of ihsan should semantically be attributed to'adl.
(For ihsan and its variation see also 2:178,229; 9:100;
55:60; etc.)
36

For another Qur'anic example, where the command of


doing justice is associated with forbidding all
wrongdoing, I quote: When they commit that is
shameful they say, 'We found our fathers doing so' and
'God commanded us thus'. Say [Mohammed], 'God never
commands what is shameful: how dare you say of God
what you know not?' Say: 'My Lord has commanded
justice; and that you set your whole selves (to him) at
every time and place of prayer and call upon him
making your devotion sincere as in his sight: such as he
created you in the beginning so shall you return.' (7:2829) In this passage the vocabulary used to connote
justice is qist, which is a synonym of 'adl, and just
like 'adl it is the command of God, not what the sinners,
or the polytheists claim in trying to justify their
misbehavior. Another verse in the same chapter
says,the things that my Lord has indeed forbidden are:
shameful deeds, whether open or secret, sins and
trespasses against truth or reason, assigning of partners
to Allah, for which he has given no authority, and saying
things about God, of which you have no
knowledge. (7:33)

37

It has been already fully explained that justice is a


Divine concept as the destination of man in the life-after
is not pre-decided randomly by God; it is, indeed,
decided by man himself according to his success of
realizing and recognizing the eternal pact made between
him and God. Such a realization and recognition is,
according to the Qura'n, nothing but the realization and
recognition of his own inner nature (fi'ra). This Divine
justice is permeating the whole universe from top to

bottom, because it is only He, God, who is firmly


standing on justice (qa'im bi'l qist) God, His angels, and
those endued with knowledge, testify that there is no
god but Him standing firm on justice. There is no god but
He the Exalted in Power the Wise. (3:18)
Justice is the
38
scale that keeps
everything in
balance with the
exception of
man, who has
the freedom to
disobey, thus,
bringing the
imbalance in this
world. [...] And it
is to all of us, all
human nations,
to keep the
balance or to
cause an
imbalance. In all
39
cases, it is we
who determine
our destination
here on Earth or
in the life-after.
This is the
Qur'anic concept
of justice.

Qayyum is one of the most beautiful names, and it is an


emphatic form of the verbal noun qa'im (standing),
meaning that God is the absolute sustainer of existence
as mentioned in the well known "throne verse" ('ayat 'l
kursi) (2:255). Standing firm on justice, qa'm bi'l qist,
signifies then one of God's attributes, which allowed
rational theologians, the Mu'tazila, to consider "Divine
Justice" one of their major five principle. It is placed in
their system second to the Divine Unity (tawhid), even
though they argumentatively base the later on the
former. 8 The scope of God's 'adl and qist in the Qur'an
is conveyed by the clear statement repeated that He
gave everything He created its full and best quality. It is
according to His Divine Knowledge and His Divine
Wisdom that perfection, qist and 'adl, is manifested in
the whole universe from top to bottom (15:16-25).
If the whole universe is created in the best and most
perfect order, man also is created in the most perfect
image, God's image as Muslim sufis maintain. He is,
therefore expected to act according to his image
reflecting God's attributes. 9 If man is always closely
watched by God's agents to have all his deeds, bad as
well as good, recorded, it is God watching his own image.
If man acts in a way that does not confirm the image,
punishment in the life-after is not only justified but will
also be applied to man's deformed image. O man! what
has seduced thee from thy Lord Most Beneficent, Who
created you, fashioned you in due proportion and gave
you a just bias. In whatever Form He wills does He put
thee together. Nay! but you do Reject Right and
Judgment! But verily over you (are appointed angels) to
protect you, Kind and honorable writing down (your
deeds.) They know (and understand) all that you do. As
for the Righteous they will be in Bliss. And the Wicked
they will be in the Fire, which they will enter on the Day
of Judgment. And they will not be Able to keep away
therefrom. And what will explain to thee what the Day of
Judgment is? Again what will explain to thee what the
Day of Judgment is? (It will be) the Day when no soul
shall have power (to do) ought for another: for the

Command that Day will be (wholly) with Allah.(82:6-19)


40

It is important here to analyze, in conclusion, the image


of "scale"(mizan), which symbolizes the multi-semantic
levels of justice expressed in the Qur'an. There is, first of
all, the repeated order of God to avoid committing fraud
measures in dealing; a chapter is named al-Mutafifun,
(those who deal in fraud), in which they are severely
condemned and threatened of great tutor in the lifeafter. Woe to those that deal in fraud, those who when
they have to receive by measure from men they have
the exact full measure. But when they have to give by
measure or weight to men they give less than due. Do
they not think that they will be called to account? On a
Mighty Day, a Day when (all) mankind will stand before
the Lord of the Worlds? (83:1-6) In 26:181183, Shau'aib, the prophet of Median, is arguing his
people to weigh with scales true and upright. There are
more examples (in 13:35; 55:9; 6:152; 7:85; 11:84-85),
where the concept of justice in measures and weigh is
metaphorically alluding to the cosmological concept.

41

The metaphoric image of "scale" is also employed to


convey justice on the Day of Judgment. Deeds, which are
recorded by God's agents at the spot in this life, will be
scaled and measured in the life-after, good deeds vs.
bad deeds. We shall set up scales of justice for the Day
of Judgment so that not a soul will be dealt with unjustly
in the least. And if there be (no more than) the weight of
a mustard seed We will bring it (to account): and enough
are We to take account. (21:47) Then those whose
balance (of good deeds) is heavy they will attain
salvation. But those whose balance is light will be those
who have lost their souls; in Hell will they
abide. (23:102-3 see 7:8-9; and 101:6-8)

42

The image of mizan symbolizes, furthermore, the


Divine measures embodied everywhere. It is, first,
embodied in the creation of Earth, which is spread out
(like a carpet); set thereon mountains firm and
immovable; and produced therein all kinds of things in
due balance. It is also embodied in the way God sends
down subsistence from His treasury to man on
Earth: There is not a thing but its (sources and)
treasures (inexhaustible) are with Us; but We only send
down thereof in due and ascertainable
measures. (15:19,22) In chapter 55 mizan is related in
a poetic style to raising high of the sky in order that

people may not transgress due balance (55:7-8), which


is followed by the order to establish weigh with justice
and not to fall short in the balance. The implication in
such a poetic style is that mizan does not symbolize only
justice on earth, but it could also symbolize Divine
Justice manifested in everything. This implication is
explicitly unfolded in the portraying the Book of
Revelation as mizan. We sent aforetime our apostles
with Clear Signs and sent down with them the Book and
the Balance (of Right and Wrong) that men may stand
forth in justice. (57:25) The Divine Justice is thus
manifested in the whole universe and expressed in the
book of revelation.
43

Nasr Abu Zayd


is Professor of
Islamic Studies
at the University
of Leiden,
Netherlands.

Justice is the scale that keeps everything in balance


with the exception of man, who has the freedom to
disobey, thus, bringing the imbalance in this world. Back
to the story of Adam and Eve, the imbalance caused by
their act of disobedience was re-balanced by the Word of
God revealed. This is exactly the mission of the prophets;
it is now the Word of God we all have. And it is to all of
us, all human nations, to keep the balance or to cause an
imbalance. In all cases, it is we who determine our
destination here on Earth or in the life-after. This is the
Qur'anic concept of justice.

polylog: Forum for Intercultural Philosophy 3 (2001).


Online: http://them.polylog.org/3/fan-en.htm
ISSN 1616-2943

Notes

Cf. Toshihiko Izutsu (1962): "Revelation as a Linguistic Concept in Islam".


In: Studies in Medieval Thought (The Japanese Society of Medieval
Philosophy) 5, 122-167.

Cf. William A. Graham (1993): Beyond the written words: oral aspects of

scripture in the history of religion. Cambridge, especially part 3.


3

Cf. Nasr Abu Zayd (1990): Mafhum Al-Nass: Dirasah fi 'Ulum Al-Qur'an (The
Concept of the Text. A study in the Sciences of the Qur'an). Cairo.

Reference to Qur'anic citations are indicated always in this paper by


chapter's number according to Cairo edition followed by the verse or
verses' number.

Abdullah Saeed (1996): Islamic Banking and Interest: a study of the


Prohibition of Riba and its Contemporary Interpretation. Leiden, 40.

More detailed discussion is provided in ibid., 3rd chapter.

It is reported as an answer to a question raised by some stranger, no one of


the Prophet's companions could recognize, but whose identification was
revealed by the Prophet afterward. The stranger, who was in fact the
Archangel Gerbil disguised in human image, asked the Prophet series of
questions, among them, the question about what is faith (iman) and that
about ihsan.

Cf. Nasr Hamid Abu Zayd (1998): Al-Ittijah al-'Aqli fi al-Tafsir: ditasa fi
qadiyyat al-magaz fi'l Qur'an 'ind'l Mu'tazilah (The Rational Trend in
Exegesis: a study of the problem of metaphor in the Qur'an by the
Mu'tazilites). Beirut, 4th ed., 40-42.

Cf. Nasr Abu Zayd (1998): Falsafat al-Ta'wil: dirasa fi ta'wil al-Qur'an ind
Muhiyi al-Din Ibn 'Arabi(Philosophy of Hermeneutics: a study of Muhiyi alDin Ibn 'Arabi's Hermeneutics of the Qur'an). Beirut, 4th print, 177-193.

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