By Dr. Wael Shihab at
Justice, or ‘adl (عدل), does not specifically appear in the list of maqasid (objectives of Sharia) in the writings of the early Muslim scholars. The possible reason for this is that early scholars have mostly linked the objectives of Sharia with the hudud (fixed prescribed penalties), and, therefore, they have come out with a list of five objectives of Sharia, namely the preservation of religion, life, intellect, lineage, and property.
While the majority of scholars incline to confine the higher objectives of Sharia to the above-mentioned five, other scholars, mostly contemporary, add other significant and considerable goals—such as reform and freedom—to the list of the maqasid.
I believe that the scope of the higher and general objectives of Sharia is wide open to include other significant and essential objectives such as justice, freedom, and reform. In this article, I would study the concept of justice, as a general objective of Islamic Sharia, and its forms, its implications, and its fruits in all aspects of people’s lives.
Justice: A Well-Established Objective of Sharia
The early list of five objectives of Sharia does not specifically include justice, as it is based on an over-all reading of the relevant hudud that Sharia legalizes to protect. Imam al-Ghazali (d. 505 AH), for instance, specifies the five objectives of Sharia, saying:
Ibn Ashur (d. 1973), who has been known for his deep study and profound knowledge of the objectives of Sharia, has opened the scope of the maqasid to include the preservation of the social order, promotion of the wellbeing and righteousness (salah) of the community, preservation of the family, etc.
The renowned contemporary scholar Yusuf al-Qaradawi has extended the list of the maqasid to include human dignity, freedom, social welfare and human fraternity among the higher maqasid of the Sharia. These objectives are, of course, upheld by the weight of both general and detailed evidence in the Qur’an and Sunnah.
Reviewing detailed and general proofs of Sharia, one finds out that justice constitutes a basic objective of Islam. Allah Almighty commands justice in all aspects of life. Muslims are asked to observe justice with all people irrespective of their faith, race, color, or gender. The Qur’an unequivocally states:
Islamic Sharia is all about justice and good human values. Injustice or oppression cannot be Islamically justified or tolerated irrespective of the victim’s faith, country, or race. Ibn al-Qayyim al-Jawziyyah (d. 751 AH) emphasizes,
Justice, which is a well-established objective of Islamic Sharia, is a general objective of all divine messages too. All divine messages and laws have come to establish justice as well as good values and morals. The following Qur’anic verse, as well as ten others, makes this fact clear:
Forms of Justice
In Islam, justice is not confined to trade or financial matters alone. Rather, it is an all-embracing concept that covers all aspects of people’s lives. It thus embraces social, economic, political, educational, and all other human activities. Below is an elaboration of some forms of justice:
1. Social Justice: All people, irrespective of their social class or race, are equals. All have equal rights and bear the same obligations. No class or race is privileged over the others. In his farewell sermon in hajj, Prophet Muhammad صلى الله عليه وسلم said:
3. Economic Justice: Public resources of the states are the ownership of all people. Private ownership are respected and protected by the state and its concerned authorities. People have equal rights to engage in legal trade and business, and all bear equal responsibilities towards the state and the community.
4. Educational Justice: People should have equal access to education. States should maintain equal and just opportunities for people, irrespective of their faiths or races, to pursue their education in various stages.
Justice for All
Justice, as an objective of Sharia, is not restricted to a specific race or faith. It is an undeniable right for all people irrespective of their beliefs, cultures, or races. The Qur’an calls Muslims in many verses to deal justly and fairly with all people, even if they are non-Muslims. For instance, the Qur’an says:
Commenting on the above Qur’anic verse, Imam Al-Qurtubi (d. 671 AH) says:
Justice We Need
In conclusion, I would like to emphasize the fact that the world today is in bad need of real justice for the sake of peace and security. Violence and extremism, which we all suffer from, have mainly been caused by injustice and oppression. Different nations and faith communities should cooperate and exert their utmost efforts to spread and maintain justice all over the world. Justice should be sought for and applied on all peoples irrespective of their faiths, races, colors, or cultures.
It is noteworthy that strong and sound communities and countries should be founded on principles of justice and equality. Justice is the most important element of a legal ruling authority, and it is said that justice is the Sunnah, the Law of Allah. In this context, Imam ibn Taymiyyah is reported to have said:
Justice, or ‘adl (عدل), does not specifically appear in the list of maqasid (objectives of Sharia) in the writings of the early Muslim scholars. The possible reason for this is that early scholars have mostly linked the objectives of Sharia with the hudud (fixed prescribed penalties), and, therefore, they have come out with a list of five objectives of Sharia, namely the preservation of religion, life, intellect, lineage, and property.
While the majority of scholars incline to confine the higher objectives of Sharia to the above-mentioned five, other scholars, mostly contemporary, add other significant and considerable goals—such as reform and freedom—to the list of the maqasid.
I believe that the scope of the higher and general objectives of Sharia is wide open to include other significant and essential objectives such as justice, freedom, and reform. In this article, I would study the concept of justice, as a general objective of Islamic Sharia, and its forms, its implications, and its fruits in all aspects of people’s lives.
Justice: A Well-Established Objective of Sharia
The early list of five objectives of Sharia does not specifically include justice, as it is based on an over-all reading of the relevant hudud that Sharia legalizes to protect. Imam al-Ghazali (d. 505 AH), for instance, specifies the five objectives of Sharia, saying:
Some scholars, mostly late and contemporary, have opened the scope of the maqasid to include other essential objectives of Sharia. The Maliki jurist, Shihab ad-Din al-Qarafi (d. 684 AH) has added a sixth to the list of the five objectives of Sharia, namely the protection of ‘ird (honor). Ibn Taymiyyah (d. 728 AH) was probably the first scholar to depart from the notion of confining the maqasid to a specific number.لمصلحة، المحافظة على مقصود الشرع، ومقصود الشرع من الخلق خمسة، وهو أنيحفظ عليهم، دينهم ونفسهم وعقلهم ونسلهم ومالهم، فكل ما يتضمن حفظ هذهالأصول الخمسة، فهو مصلحة، وكل ما يفوِّت هذه الأصول، فهو مفسدة ودفعهامصلحةMaslahah, which we are concerned about here, means the protection of the objectives of shar’, namely the preservation of religion, life, offspring, reason, and property. Anything that furthers theses five objectives is maslahah (welfare, benefit), and anything that runs contrary to them is mafsadah (corruption).
[Abu Hamid al-Ghazali, al-Mustasfa min `Im al-Usul]
Ibn Ashur (d. 1973), who has been known for his deep study and profound knowledge of the objectives of Sharia, has opened the scope of the maqasid to include the preservation of the social order, promotion of the wellbeing and righteousness (salah) of the community, preservation of the family, etc.
The renowned contemporary scholar Yusuf al-Qaradawi has extended the list of the maqasid to include human dignity, freedom, social welfare and human fraternity among the higher maqasid of the Sharia. These objectives are, of course, upheld by the weight of both general and detailed evidence in the Qur’an and Sunnah.
Reviewing detailed and general proofs of Sharia, one finds out that justice constitutes a basic objective of Islam. Allah Almighty commands justice in all aspects of life. Muslims are asked to observe justice with all people irrespective of their faith, race, color, or gender. The Qur’an unequivocally states:
And:إِنَّ اللَّهَ يَأْمُرُ بِالْعَدْلِ وَالْإِحْسَانِAllah enjoins justice and kindness…
[Surah An-Nahl 16:90]
It is noteworthy that the Qur’an uses, in the above-mentioned two verses, the Arabic verb “y’amuru,” which is the present form of the verb “’amara” which signifies a clear imperative mode and an obligation.إِنَّ اللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا وَإِذَا حَكَمْتُم بَيْنَ النَّاسِ أَن تَحْكُمُوا بِالْعَدْلِAllah commands you that you restore deposits to their owners, and, if you judge between mankind, that you judge justly.
[Surah An-Nisa 4:58]
Islamic Sharia is all about justice and good human values. Injustice or oppression cannot be Islamically justified or tolerated irrespective of the victim’s faith, country, or race. Ibn al-Qayyim al-Jawziyyah (d. 751 AH) emphasizes,
Justice: A General Objective of All Divine Messagesفإن الشريعة مبناها وأساسها على الحكم ومصالح العباد في المعاش والمعادوهي عدل كلها ورحمة كلها ومصالح كلها وحكمة كلها فكل مسألة خرجت عن العدلإلى الجور وعن الرحمة إلى ضدها وعن المصلحة إلى المفسدة وعن الحكمة إلىالعبث فليست من الشريعة وإن أدخلت فيها بالتأويلفالشريعة عدل الله بين عباده ورحمته بين خلقه وظله في أرضه وحكمته الدالةعليه وعلى صدق رسولهSharia is based on wisdom and consideration of people’s interests both in this world and the world to come. It is all about justice, mercy, and welfare. Therefore, any case that brings about injustice, cruelty, evil, and disorder is not of Sharia, even if some people may interpret it to be so; Sharia signifies Allah’s mercy and justice among His people. Sharia reflects Allah’s wisdom, which does prove, beyond any shadow of doubt, His existence and the truthfulness of His messengers.
[Ibn al-Qayyim al-Jawziyyah, I`lam al-Muwaq`in `an Rabb al-`Ålamin]
Justice, which is a well-established objective of Islamic Sharia, is a general objective of all divine messages too. All divine messages and laws have come to establish justice as well as good values and morals. The following Qur’anic verse, as well as ten others, makes this fact clear:
Therefore, all prophets of God called for the application and pursuance of justice in all aspects of life. For instance, prophet Shu`ayb عليه السلام called his people, right after believing in the One God, to observe justice and fairness in their financial and commercial dealings. The Qur’an narrates:لَقَدْ أَرْسَلْنَا رُسُلَنَا بِالْبَيِّنَاتِ وَأَنزَلْنَا مَعَهُمُ الْكِتَابَ وَالْمِيزَانَ لِيَقُومَ النَّاسُ بِالْقِسْطِWe verily sent Our messengers with clear proofs, and revealed with them the Scripture and the Balance, that mankind may observe qist (right measure and justice).
[Surah Al-Hadid 57:25]
People of various faiths are thus required to support and maintain justice all over the world. True adherence to divine messages necessitates maintenance of justice and elimination of oppression, injustice, discrimination, racism, and occupation.وَإِلَىٰ مَدْيَنَ أَخَاهُمْ شُعَيْبًا قَالَ يَا قَوْمِ اعْبُدُوا اللَّهَ مَا لَكُم مِّنْ إِلَٰهٍ غَيْرُهُ ۖ قَدْ جَاءَتْكُم بَيِّنَةٌ مِّن رَّبِّكُمْ فَأَوْفُوا الْكَيْلَ وَالْمِيزَانَ وَلَا تَبْخَسُوا النَّاسَ أَشْيَاءَهُمْ وَلَا تُفْسِدُوا فِي الْأَرْضِ بَعْدَ إِصْلَاحِهَا ذَٰلِكُمْ خَيْرٌ لَّكُمْ إِن كُنتُم مُّؤْمِنِينَAnd unto Midian (We sent) their brother, Shu`ayb. He said: O my people! Worship Allah. You have no other God save Him. Lo! a clear proof has come unto you from your Lord; so give full measure and full weight and wrong not mankind in their goods, and work not confusion in the earth after the fair ordering thereof. That will be better for you, if you are believers.
[Surah Al-‘Araf 7:85]
Forms of Justice
In Islam, justice is not confined to trade or financial matters alone. Rather, it is an all-embracing concept that covers all aspects of people’s lives. It thus embraces social, economic, political, educational, and all other human activities. Below is an elaboration of some forms of justice:
1. Social Justice: All people, irrespective of their social class or race, are equals. All have equal rights and bear the same obligations. No class or race is privileged over the others. In his farewell sermon in hajj, Prophet Muhammad صلى الله عليه وسلم said:
2. Political Justice: Politics, as far as Islam is concerned, should be based on justice, fairness, equality, and freedom. Representatives of people and rulers should be elected through fair and free elections. All people have equal rights for nominations and voting irrespective of their faith, race, or gender.يَا أَيُّهَا النَّاسُ أَلَا إِنَّ رَبَّكُمْ وَاحِدٌ وَإِنَّ أَبَاكُمْ وَاحِدٌ أَلَا لَا فَضْلَ لِعَرَبِيٍّ عَلَى أَعْجَمِيٍّ وَلَا لِعَجَمِيٍّ عَلَى عَرَبِيٍّ وَلَا لِأَحْمَرَ عَلَى أَسْوَدَ وَلَا أَسْوَدَ عَلَى أَحْمَرَ إِلَّا بِالتَّقْوَىO people! Verily, your Lord is one and your father is one. There is no superiority for an Arab over a non-Arab and for a non-Arab over an Arab; nor for red over the black nor for the black over the red except in piety. Verily, the noblest among you is he who is the most pious.[Musnad Ahmad, Number 22978]
3. Economic Justice: Public resources of the states are the ownership of all people. Private ownership are respected and protected by the state and its concerned authorities. People have equal rights to engage in legal trade and business, and all bear equal responsibilities towards the state and the community.
4. Educational Justice: People should have equal access to education. States should maintain equal and just opportunities for people, irrespective of their faiths or races, to pursue their education in various stages.
Justice for All
Justice, as an objective of Sharia, is not restricted to a specific race or faith. It is an undeniable right for all people irrespective of their beliefs, cultures, or races. The Qur’an calls Muslims in many verses to deal justly and fairly with all people, even if they are non-Muslims. For instance, the Qur’an says:
The world today is in bad need of real justice for the sake of peace and security.يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ لِلَّهِ شُهَدَاءَ بِالْقِسْطِ وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَىٰ وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ خَبِيرٌ بِمَا تَعْمَلُونَO you who believe! Be steadfast witnesses for Allah in equity, and let not hatred of any people seduce you that you deal not justly. Deal justly, that is nearer to your duty. Observe your duty to Allah. Lo! Allah is Informed of what you do.
[Surah Al-Maidah 5:8]
Commenting on the above Qur’anic verse, Imam Al-Qurtubi (d. 671 AH) says:
History bears witness to the fact that Muslim courts and judges, throughout centuries, have observed justice and fairness even on behalf of non-Muslims against Muslim individuals and rulers.وٱشهدوا بالحق من غير ميل إلى أقاربكم، وحَيْف على أعدائكمودلّت الآية أيضاً على أن كفر الكافر لا يمنع من العدل عليه[Muslims are commanded by Allah to] bear just and fair witness with neither favoritism towards relatives nor unfairness towards enemies. . . . The disbelief of the disbeliever does not prevent him from enjoying justice and fairness.
[Abu `abd Allah Muhammad ibn Ahmad ibn abi Bakr al-Qurtbi, al-Jami` li Ahkam al-Qur'an wa al-Mubayiyn lima Tadammanhu mina as-Sunnah wa Ay al-Furqan]
Justice We Need
In conclusion, I would like to emphasize the fact that the world today is in bad need of real justice for the sake of peace and security. Violence and extremism, which we all suffer from, have mainly been caused by injustice and oppression. Different nations and faith communities should cooperate and exert their utmost efforts to spread and maintain justice all over the world. Justice should be sought for and applied on all peoples irrespective of their faiths, races, colors, or cultures.
It is noteworthy that strong and sound communities and countries should be founded on principles of justice and equality. Justice is the most important element of a legal ruling authority, and it is said that justice is the Sunnah, the Law of Allah. In this context, Imam ibn Taymiyyah is reported to have said:
اللَّهُ يَنْصُرُ الدَّوْلَةَ الْعَادِلَةَ وَإِنْ كَانَتْ كَافِرَةً وَلَا يَنْصُرُ الدَّوْلَةَ الظَّالِمَةَ وَإِنْ كَانَتْ مُؤْمِنَةً
Allah upholds the just state even if it is unbelieving, but does not uphold the unjust state even if it is believing.
No comments:
Post a Comment