By Asghar Ali Engineer,

Islam is hardly known as religion of justice even though justice is its most fundamental value. Islam had appeared in a tribal society wherein justice as value was almost unknown. Tribal society has certain oral conventions and has no written law, and oral conventions develop over a period of time and need for justice, as such, is hardly felt. One more reason for this is private property and wealth does not exist in such society. The only persistent law is that of revenge and retaliation. The Qur’an refers to it as a law of retaliation.

However, situation in Mecca was much more complex as Meccan tribals had taken to international trade and Meccan society was in transition from tribal to a mercantile society and the institution of property and wealth had already developed and many disputes were arising between traders from time to time and there was no legal frame-work to resolve them. One such dispute before Islam was referred to the Prophet (PBUH) and the Prophet solved it using justice as a rule and it was on this occasion that he is reported to have said that he would not accept 100 red camels in lieu of that.

This dispute involved a Yemeni trader who was cheated by some Meccan traders. This incident shows that trade and property disputes had begun to take place in Meccan society which had developed into a centre of international trade and finance. Thus the Qur’an made justice the central value and made it a part of Islamic morality. As it was not easy in that society to get concept of justice accepted, Qur’an, in order to emphasize its importance made it Allah’s name. Allah is called ‘Adil i.e. Just. Thus if you worship Allah you must be doer of justice.

Qur’an also made it an integral part of Islamic morality and declared that “Be just, it is nearest to piety” (5:8). Now piety is a moral concept and the word for this is, in Qur’anic language taqwa. Actually the word taqwa means to refrain i.e. to refrain from evil and thus one who is muttaqi i.e. observant of taqwa refrains from all that is evil and being unjust is evil. So a Muslim who is muttaqi refrains from injustice. Thus justice became part of Islamic morality.

Unfortunately in later days when rulers became highly unjust and oppressors of their opponents, taqwa lost its original meaning and it came to be associated with ritual piety and a muttaqi Muslim was one who prayed five times and fasted during the month of Ramadan and performed all Islamic ‘ibadat devoid of social morality. But the Qur’an clearly pronounces that taqwa is much more than ritual observations and is integrally connected with justice. Thus a pious Muslim has to be just and his moral integrity should also be beyond any ken of doubt.

And, as pointed out above, in tribal morality qisas (retaliation) was central there was no place for justice and the rule was eye for eye and nose for nose and life for life, justice or no justice. Qur’an exhorts believers to go beyond the concept of qisas and observe cannons of justice even if it goes against oneself or one's parents or one's tribe. Thus Qur’an says, “O you who believe, be maintainers for justice , bearers of witness for Allah, even though it be against your own selves or (your) parents or near relatives – whether he be rich or poor, Allah has a better right over them both.” (4:135)

Thus the words that “Allah has better rights over them” again shows that justice is part of Islamic morality and there cannot be getting away from it, if one wants to be a pious Muslim who keeps his duty to Allah. Also in a tribal society there was no concept of rule of law and emphasizing role of justice is highly necessary for the rule of law. Thus in this respect also Qur’an says,” And if you judge, judge between them with equity. Surely Allah loves those who are just.” (5:42)

Thus in the Arab society the rule of law began with the revelation of Qur’an. Since international trade was developing fast and was expanding, tribal customs and traditions could not have sufficed and it was becoming a social need to establish certain legal concepts beyond and transcending tribal limits. A universal society cannot be bound by narrow tribal limits and Islam was nothing if not universal. Thus Islam adopted universal standards of law and morality and concept of justice is very important for such a morality.

Islam had to spread beyond the limits of Arabia and it did within few years of its origin and thus tribal morality was of hardly any use in such a case. Islam was anything but tribal religion. There were far more advanced civilizations than Arab tribal culture. All its laws and standards of morality had to be universal in nature. Islam spread across civilizations and appealed to people as far as India and China, countries which had far more richer and complex civilizational institutions.

To begin with all Arabs adopted this religion as for them it became national religion. But even for Arabs it had to appeal to all their tribes as tribal norms, customs and traditions varied from tribe to tribe. These tribes had fought each other for decades and had maintained their separate identities for centuries. Even to unite all these tribes was a grave challenge. To meet these challenges Islam had to appeal to all tribes. If it had adopted norms of only Quraysh, a leading tribe in which Islam first appeared, other tribes would have rejected it outright.

Islam transcended all narrow limits and easily united all tribes through its universal standards of morality. Quraysh was most dominant tribe among Arabs and Qurayshites looked down upon other tribes. Islam, though it appeared among them, gave no place of distinction to them and once a person entered in Islam, had no superiority over others even if they happened to be from Quraysh.

There lies the reason why Islam spread so fast among weaker sections of society. Islam became a powerful magnate for all weaker sections of the world. Among the principles of social justice and morality was the principle of equality and equity. Qur’an states that all are equal in the eyes of Allah and one closest of Allah is one who is most pious i.e. most just. The universality of Islam could be judged from very revolutionary declaration of Qur’an, “O humankind, surely We have created you from a male and a female and made you tribes and families that you may know each other. Surely; the noblest of you with Allah is the most pious of you. Surely Allah is knowing, Aware.” (49:13) (emphasis added).

Thus it will be seen that tribes and families are not marks of distinction over the other but only for the purpose of knowing or identifying each other. Otherwise all have been borne of male and female and there is no question of superiority of one tribe or family over the other and only mark of distinction could be taqwa i.e. being highly moral person observing high norms of justice and only such persons are closest to Allah.

It was this approach of Islam and high standards of morality and justice that it endeared it to people across the world. And it would be seen that mostly weaker sections of society were greatly attracted to Islam. The privileged and ruling classes who already enjoyed high prestige had not much attraction for this religion. During Hazrat Umar’s time an Arab prince from border area adopted Islam and when he came to perform hajj he expected privileged treatment but when he had to perform hajj like all other Muslims he returned to his native country and renounced Islam.

Hazrat Ali, son-in-law of the Prophet (PBUH) was so rigorously just that he did not spare his own brother Aquil when he demanded some greater share from Bayt al-Mal i.e. state treasury. He alienated his closest ally Abdullah bin Abbas who had stood by him through thick and thin of life, when he failed to account for money he had drawn from state treasury as a governor of Basra.

Moreover Qur’an clearly expressed its sympathy for the weaker sections and strongly reprimanded the powerful for their unjust actions. Thus Qur’an says, “And We desired to bestow a favour upon those who were deemed weak in the land, and to make them the leaders, and to make them the heirs” (28:5)

Thus Allah favours those who are weak and desires to bestow favour on them and make them leaders and the heirs of this earth. Allah thus is on the side of the weak and not on the side of powerful and arrogant (mustakbirun). And this is in the interest of justice that those who are weak and oppressed be liberated and made leaders and rulers in place of powerful who totally ignore principles of justice in governance.

It is not without significance that all the prophets named in the Qur’an (with the exception of David and Soloman) are from amongst the shepherds or weaker sections of society. It is only a sufferer who knows the suffering of the weak and the oppressed and it is only such people who can truthfully and justly become bearers of Allah’s message and lead and liberate the poor.

Thus Allah fulfills his own promise that he makes in the Qur’an to favour the poor and the weak and make them the leaders and heirs of this earth. The prophets were indeed the leaders of humankind who taught justice and morality to human beings. We all revere these prophets for their moral high standards of justice and truthfulness. Also justice cannot be separated form truth and there cannot be religion without truth and any untruth and unjust act cannot be a religious act. Thus justice be comes inherent in all religions as all religions have truth as fundamental value. But Islam emphasizes justice unambiguously and separately through clearly pronounced injunctions and commands.

Also, Qur’an, as we have seen to some extent above, does not limit itself to saying do justice which would have been very generalized statement. But it covers various areas of life and wants justice to be done in all these areas. A very important area of justice Qur’an emphasizes is gender justice which was totally unknown in that era. Qur’an emphatically requires gender justice to be done.

In pre-Islamic era women had no rights at all, in marriage, divorce, property and custody of children. Islam, it is well known, gave well defined rights to women in all these areas and gave gender just laws. Marriage was contract even before Islam but the contract was entered into by father on her behalf and in the absence of father, her grand-father or uncle or in the absence of all of them, even her younger brother could be come her marriage guardian (wali) and contract marriage on her behalf.

Qur’an gave this right to contract marriage to women themselves without intervention of anyone else and her consent became absolute for marriage to take place. Also, Qur’an tried to do away with all marital abuses through various pronouncements such as “And of His signs is this, that He created mates for you from yourselves that you might find quiet of mind in them, and He put between you love and compassion. Surely there are signs in this for a people who reflect.” (30:21)

It made divorce and separation between husband and wife also subject to rule of justice. First, it required arbitration before divorce desirable: “And if you fear a breach between the two, appoint an arbiter from his people and an arbiter from her people. If they both desire agreement, Allah will effect harmony between them.” (4:35) Here it must be noted that wife was also given right to appoint her own arbiter so that justice is done to her and arbitration should not be at the cost of her interest. In those days one could hardly think of giving wife equal rights like this.

And even if divorce is to take place it should be smooth and in proper manner. Qur’an thus says, “Divorce may be (pronounced) twice; then keep them in good fellowship or let (them) go with kindness. And it is not lawful for you to take any part of what you have given them..”(2:229)

In pre-Islamic tribal society there were no rules safeguarding women’s rights and customs and oral traditions had made men all powerful. Here Qur’an gives certain rights to women even in divorce and exhorts men to treat them fairly and justly. Also, men cannot take back what they had given by way of mehr to their wives when they divorce them. Qur’an also mentions in this verse woman’s right to divorce. It says, “Then if you fear that they cannot keep within the limits of Allah, there is no blame on them for what she gives up to become free thereby.”

Thus if she so desires she can return her dower money and become free from marital bond. That her right in this respect is absolute we have hadith from Sahih Bukhari according to which a woman called Jamila was granted khula’ (woman’s initiative in dissolving marriage) to her as she feared she could not observe Allah’s limits (rules) if she continued in marriage after returning the orchard which was given her by her husband. Jamila had approached the Prophet (PBUH) and Prophet had granted her khula’.

Before Islam she had no right to property and inheritance at all. Qur’an granted her absolute right to property. Neither her father nor her husband could take away her property unless she gave them of her own will. Also, whatever they earn will belong to them and not to her father or husband (4:32). She was also given portion in inheritance as daughter, as wife, as mother, as sister none of which existed before Islam.

Even in case of more than one wife (which was permitted only in case of war and to take care of widows and orphans) justice was made an absolute condition. Both the verses on polygamy 4:3 and 4:129 have made justice integral part of polygamous marriages without which no one is permitted to take more than one wife. The verse 4:129 is very emphatic about justice and this verse is often ignored by Muslims and take to polygamous marriages ignoring all Qur’anic injunctions so clearly laid down as if polygamy is their birth right. The conservative ‘ulama are also to be greatly blamed as they deliberately or otherwise fail to educate men in this respect.

It is true that treatment of women in Muslim societies is far from desirable and gives impression as if Islam robs women of all their rights. It is true that in our patriarchal society Muslim men have never conceded Qur’anic rights to their women folk and the shari’ah formulations were also heavily influenced by the Arab customary laws as well as feudal values which were patriarchal. Thus the original spirit of justice in the Qur’an was seriously injured in the shari’ah formulations.

And it is not only in respect of gender justice but in other areas too Qur’anic spirit of justice suffered seriously in actual historical practices. After the death of the Holy Prophet when Islam spread to other non-Arab societies with advanced feudal civilizations and monarchical societies, Islamic practices began to imbibe un-Qur’anic practices and the spirit of justice was totally lost.

Once Umayyad’s introduced monarchy in the name of Khilafat, there was no looking back and ruler began to be nominated by the preceding ruler making it a dynastic rule. Not only this dynastic rule brought all feudal values and now what the khalifa ruled became justice and shari’ah rules were observed only in respect of ibadat (acts of worship), no more in respect of social and political justice.

Dynastic wars, wars of succession in the same dynasty like among non-Muslims became the rule and bloodshed, torture of political opponents, revenge and everything Qur’an had condemned were resorted to. Justice, mercy, compassion, suppression of anger and greed all were thrown to the winds. So much so that ‘ulama began to rule in order to avoid anarchy that any ruler who establishes prayer must be obeyed.

This was totally against the Qur’anic concept of a just society and establishment of a just society was the sine qua non of Qur’an. In human affairs scriptural injunctions are totally ignored and followed only in respect of ritual practices which pertain to the other world. As far as these worldly affairs are concerned they are determined by interests rather than scriptural pronouncements.

It is very unfortunate that Islamic countries are so immersed in feudal values that even in 21st century social and political justice remain a distant goal. There is not so much as political democracy and freedom of conscience which is requirement of Qur’an (2:256) and is often quoted by Muslim ‘ulama as well as Muslim intellectuals.

What Islam means to Muslims even today are essentially ritual practices, nothing more. What is needed today is to expand notion of social justice as incorporated in Qur’anic teachings and all those laws which are being recommended or enforced in keeping with the notions of justice, must be accepted. The UN Charter of Human Rights, for example must be accepted by all Muslim countries as it is based on human dignity which is equally fundamental to Qur’anic view (17:70)

Similarly, the notion of gender justice must be further expanded in respect of all gender laws and shari’ah formulations in Islamic societies. The notion of justice is often influenced by the prevailing social mores and ethos. Today notions of social, economic and gender justice have greatly expanded and in today’s society justice can be said to have been done only when these expanded notions are incorporated in the prevailing laws. What was thought to be just until yesterday does not necessarily thought to be just in today’s society.

The medieval notions of justice had to be discarded. The Qur’anic notion of justice can best be served only by rethinking medieval practices and notions of justice. There is wrong notion among orthodox Muslims that any reform or rethinking in laws thought to be just cannot be rethought. Divine injunctions and human interpretations cannot be equated in the way it is being done in Muslim societies.

Divine pronouncements are far beyond narrow human limitations and can and must be rethought with fundamental change in what we can call social paradigms. Social paradigms have undergone great changes and hence expanded notions of contemporary society which helps usher in better quality of life must be accepted. No one can challenge the fact that Qur’an gave humanity notion of absolute justice and comprehension of notion of absolute justice is always limited by social conditions and a true believer has to engage with society to keep expanding notions of justice.

To engage with ones unjust social structures and make constant efforts to make life richer and more livable in terms of justice and human dignity is true jihad. It should be duty of every Muslim to wage this jihad through his/her intellectual exertions. A life spent in this jihad would be the truest Islamic life and it is in this sense that the Prophet of Islam (PBUH) said that an ‘Alim’s ink is holier than a martyr’s blood’.