How Does Islam ensure justice Between Muslims And Non-Muslims When Judging Between Them?
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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