How Does Islam ensure justice Between Muslims And Non-Muslims When Judging Between Them?
Important
points
Islam
teaches justice and fairness when judging between people
Muslims
and non-Muslims equally deserve the Right to justice
Examples
of Justice in the life of Sahaba (The Prophet’s companions)
Allah
likes the judges who do justice between the people regardless of religion,
caste and culture
…--
By Kaniz Fatma, New Age Islam
7 Jun 2021
Answer:
Islam has commanded to treat all individuals and nations with justice and
fairness irrespective of religion and nationality. Islam has described
concession and kindness towards bullies, gangsters and other lawless people as
very dangerous and harmful for society. That is why Islam has taught equality
at every step in the matter of justice and fairness. Allah commanded His
Beloved Prophet (peace and blessings of Allah be upon him) regarding the Jews,
who were the greatest enemies of Islam in Madinah, to judge with justice
when he judges between them.
Allah
Almighty says, “Indeed, Allah commands you to render trusts to whom they are
due and when you judge between people to judge with justice. Excellent is that
which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.” (4:58)
In this
verse, Allah Almighty has commanded all human beings to do justice. The Prophet
(peace and blessings of Allah be upon him) acted on this command in his
practical life and similarly, his Companions too implemented this divine
command.
When
the case of a Muslim and a Jew was brought to the court of Hazrat Umar, he
ruled in favour of the Jew by enforcing the system of justice (Al-Targhib wa
Al-Tarhib: 3/445).
Hazrat
Jad bin Habira said to Hazrat Ali, “two people come to you, one of whom
loves you more than his own life and the other hates you so much that he will
slaughter you if he is able to do so, but you give judgement in favour of the
one who hates you as opposed to the one who loves you”. Hazrat Ali (may Allah
be pleased with him) said, “If this decision had been a matter of my choice, I
would have done what you think, but it is a matter of Allah’s decision.”
(Mukhtasar Hayat al-Sahaba, 243)
The situation
of equal treatment of justice was such that during his caliphate, Hazrat
Umar (may Allah be pleased with him) himself came as a party to the case before
Hazrat Zaid bin Thabit who then wanted Hazrat Umar to sit beside
him. But Hazrat Umar did not like this and said to him, "this is
your first injustice, I will sit with my party." (Kinz al-Amal: 2, 3)
In
order to ensure justice and maintain equal treatment, the jurists also forbade
the judge to accept gifts from the parties to the case or those whose case is
expected to come to the court.
To judge
with justice
The
spirit of justice lies in judging people with justice regardless of their
religion and nation. The parties should not be given preference and concession
as compared to one another. The Muslim jurists and scholars said that the judge
should treat the parties equally in five ways:
1.
Both the parties should be
given an equal chance to present before the court.
2.
The place of sitting should be
equal for both parties
3.
The judge is obligated to pay
equal attention to both of them
4.
He should equally check the
statements of both parties equally
5.
The Judge must give a verdict
in favour of the truth and ensure what are their rights towards each other
It is
mentioned in the Holy Hadith that those who do justice will be given
pulpits of light in the nearness of Allah. (Muslim 1827)
Islam
has laid great emphasis on the aspect of justice and those who uphold it have
been given the glad tidings elevated ranks. Hazrat Ibn Abbas is reported
to have said that when a nation begins to breach trusts, then Allah casts
terror into their hearts. When they begin to cheat in weight and measure, their
sustenance is curtailed. Bloodshed will be rife among those who judge unjustly,
and the enemy will gain the upper hand on those who break their pledges.
(Muwatta of Imam Malik). The holy prophet has asked his Ummah, “Judge
between people, as you would judge between yourselves” (Mishkat p.322). This
means that just as one desires to be judged with justice, so too should one
judge between others.
We see
today that judgment is passed in favour of those with whom one has an
association. According to Islam, a terrible punishment in the Hereafter awaits
for those who pass unjust judgments and assist the oppressors. By acting in
this manner, those people who have rightful claims are deprived of their rights
and only the people who are able to offer the largest bribes benefit. These
things seem rosy in this world and people are unmindful of the terrible
consequences these actions will bring in the Hereafter.
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