What are the principles, concepts, and theories of justice in Islam? How important are the ideas of law, justice, and fairness in the Holy Quran? What did Prophet Muhammad (peace be upon him) say about the law, justice, and equity?
Read this article till the end to learn more about the idea of justice and fairness in Islam.
Introduction
Today, the concepts of justice and equity are referenced in numerous legal systems worldwide, often serving as their foundational principles. Politico-legal institutions strive for legitimacy by asserting their commitment to justice
Great liberal philosopher John Rawls also suggested that an institution is legitimate only if it is just. In his words, “Justice is the first virtue of Institutions as Truth is of the system of thoughts“.
In a world historically beset with injustices and inequities, the ideas of justice, equity, and fairness are certainly desirable and worth aspiring to.
In the realm of religions, Islam also places great emphasis on justice and equity. So much so that the Holy Quran repeatedly warns humankind that Allah will not forgive those who commit wrong and do injustice.
Indeed, those who disbelieve and commit wrong or injustice – never will Allah forgive them, nor will He guide them to a path.
Holy Quran 4:168
Prophet Muhammad (PBUH) said the best jihad in the way of Allah is to speak a word of justice to an unjust ruler.
Narrated Abu Sa’id al-Khudri: The Prophet (ﷺ) said: The best fighting (jihad) in the path of Allah is (to speak) a word of justice to an oppressive ruler.
Sunan Abi Dawud 4344
In this article, we have compiled some Quranic verses and Prophetic narrations that underscore the importance of justice and equity in Islam. Hopefully, these verses will also dispel the misconceptions of those who believe that Islam is devoid of justice and equity.
Justice in Islam: Quotes from Holy Quran
The Holy Quran repeatedly warns human beings to do justice and to refrain from injustice. In many of its verses, it provides that Allah is just and that He loves and expects justice from Human beings.
Allah is the Embodiment of Justice
Indeed, Allah never wrongs ˹anyone˺—even by an atom’s weight. And if it is a good deed, He will multiply it many times over and will give a great reward out of His grace. Al-Quran 4:40
˹Divine grace is˺ neither by your wishes nor those of the People of the Book! Whoever commits evil will be rewarded accordingly, and they will find no protector or helper besides Allah. 4:123
But those who do good—whether male or female—and have faith will enter Paradise and will never be wronged ˹even as much as˺ the speck on a date stone. 4:124
God desires no Injustice to Humankind
Al-Quran 3:108-109-These are God’s revelations; We recite them to you in all truth. God desires no injustice to humankind. His is all that the heavens and the earth contain. To God shall all things return.
Al-Quran 4:49 Hast thou not turned Thy vision to those who claim sanctity for themselves? Nay-but Allah Doth sanctifies whom He pleaseth. But never will they fail to receive justice in the least little thing.
This is ˹the reward˺ for what your hands have done. And Allah is never unjust to ˹His˺ creation. Holy Quran 3:182
Judge Man with Justice
Al-Quran 4:48 Allah doth command you to render back your Trusts to those to whom they are due; And when ye judge between man and man, that ye judge with justice: Verily how excellent is the teaching which He giveth you! For Allah is He Who heareth and seeth all things.
Don’t take life except by way of Justice and Law
As a general rule, Islam forbids the taking away of the life and liberty of another person except by justice and law.
The Holy Quran warns humankind that the murder of even one innocent person is akin to the murder of the entire humanity and saving just one innocent life is akin to saving the entire humanity.
Al-Quran 5:32 On that account: We ordained for the Children of Israel that if anyone [of you] slew a person – unless it is for murder or for spreading mischief in the land – it would be as if [you] slew the whole people: and if anyone saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our messengers with clear signs, yet, even after that, many of them continued to commit excesses in the land.
The only exception to the rule of the sanctity of life in Islam, therefore, is murder and corruption. Corruption here connotes causing widescale disturbance of public peace, law, and order that leads to the loss of so many innocent lives and properties.
In such a case, the rebel if caught can be deprived of his life and liberty in a fair process.
But even in such cases, an individual or state cannot just go and deprive the accused of his life.
Such deprivation of life or personal liberty has to be in accordance with the due process of the law after taking into account the totality of facts and circumstances.
In other words, it has to be in accordance with the requirements of justice and law.
Al-Quran 6:151 …take not life, which Allah hath made sacred, except by way of justice and law: thus doth He commands you, that ye may learn wisdom.
Moreover, the accused must be given the fullest opportunity of right to be heard i.e. to present his case before an impartial tribunal.
In other words, it has to be a substantive due process and not just a procedural due process.
Furthermore, it is not necessary as per Islamic law that this trial will always result in the execution of the murderer even if proven guilty.
Read more| Islam on Suicide, Homicide, and Justice
Justice and Fairness in Business Transactions
Al-Quran 6:152 And come not nigh to the orphan’s property, except to improve it until he attains the age of full strength; give measure and weight with (full) justice;– no burden do We place on any soul, but that which it can bear;- whenever ye speak, speak justly, even if a near relative is concerned; and fulfill the covenant of Allah: thus doth He commands you, that ye may remember.
Allah will Judge with Justice and Truth
Al-Quran 40:20 And Allah will judge with (justice and) Truth: but those whom (men) invoke besides Him, will not (be in a position) to judge at all. Verily it is Allah (alone) Who hears and sees (all things).
Allah Commands Justice
Al-Quran 16:90 Allah commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that ye may receive admonition.
Stand firm on Justice
Al-Quran 4:135 O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both. So follow not personal inclination, lest you not be just. And if you distort [your testimony] or refuse [to give it], then indeed Allah is ever, with what you do, Acquainted.
Don’t Commit Wrong and Injustice
Indeed, those who disbelieve and commit wrong or injustice – never will Allah forgive them, nor will He guide them to a path. (Holy Quran 4:168)
And how many a city have We destroyed that was insolent in its way of living, and those are their dwellings which have not been inhabited after them except briefly. And it is We who were the inheritors. Nor was thy Lord the one to destroy a population until He had sent to its center a messenger, rehearsing to them Our Signs; nor are We going to destroy a population except when its members practice iniquity. (Holy Quran 28:58-59)
Indeed, those who deny Allah’s signs, kill the prophets unjustly, and kill people who stand up for justice—give them good news of a painful punishment. (Holy Quran 3:21)
Don’t depart from Justice in Hatred of Someone
Al-Quran 5.8- O ye who believe! stand out firmly for Allah, as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety: and fear Allah. For Allah is well-acquainted with all that ye do.
There is no blame on those who enforce justice after being wronged. (Holy Quran 42:41)
Judge with Equity and Justice
Al Quran 5:42-They are fond of listening to falsehood, of devouring anything forbidden. If they do come to thee, either judge between them, or decline to interfere. If thou decline, they cannot hurt thee in the least. If thou judge, then judge in equity between them. For Allah loveth those who judge in equity.
Prophet Muhammad (PBUH) often warned his people to establish justice and to ensure they are just and fair in their dealings as can be ascertained from the hadiths quoted below.
A Just and Fair Legal System
The Prophet (PBUH) strived to establish a just and fair legal system in the tribal society he lived. He told that many ancient civilizations were destroyed by Allah because they used to inflict legal punishments on the poor and forgive the rich.
He also used to say that the Dispensers of justice will be seated on the pulpits of light beside God on the day of reckoning.
Sahih al-Bukhari Volume 8, Book 81, Number 778: Narrated Aisha (r)-“Usama approached the Prophet on behalf of a woman (who had committed theft). The Prophet said, “The people before you were destroyed because they used to inflict the legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is! If Fatima (the daughter of the Prophet ) did that (i.e. stole), I would cut off her hand.”
Sahih Muslim 1827 It has been narrated under the authority of ‘Abdullah b. ‘Umar that the Messenger of Allah (ﷺ) said: Behold! the Dispensers of justice will be seated on the pulpits of light beside God, on the right side of the Merciful, Exalted, and Glorious. Either side of the Being is the right side both being equally meritorious. (The Dispensers of justice are) those who do justice in their rules, in matters relating to their families, and in all that they undertake to do.
Don’t Judge in Anger
Islam not only lays great emphasis on the aspect of justice and equity in the judicial process but also quite elaborately mentions and cautions about the time and circumstances of the delivery of justice. For instance, Islamic laws prohibit judges to make decisions while they are angry or upset.
Sahih al-Bukhari, Vol. 9, Book 89, Hadith 272: Narrated `Abdur Rahman bin Abi Bakra: Abu Bakra wrote to his son who was in Sijistan: ‘Do not judge between two persons when you are angry, for I heard the Prophet (s) saying, “A judge should not judge between two persons while he is in an angry mood.“
Social & Economic Justice: Usury is Forbidden
Sahih al-Bukhari, Volume 6, Book 60, Number 67: Narrated Ibn Abbas: The last Verse (in the Quran) revealed to the Prophet was the Verse dealing with usury (i.e. Riba).
Political Justice: Release the one in Captivity
Sahih al-Bukhari, Volume 7, Book 65, Number 286: Narrated Abu Musa Al-Ash’ari: The Prophet said, “Give food to the hungry, pay a visit to the sick and release (set free) the one in captivity (by paying his ransom).“
Establish Justice amongst People
Sahih Bukhari, Volume 3, Book 49, Number 870: Narrated Abu Huraira: Allah’s Apostle said, “There is a Sadaqa to be given for every joint of the human body, and for every day on which the sun rises there is a reward of a Sadaqa (i.e. charitable gift) for the one who establishes justice among people.”
Those who die in the cause of Justice are Martyrs
Sunan an-Nasa’i 4096 It was narrated that Abu Ja’far said: “I was sitting with Suwaid bin Muqarrin, and he said: The Messenger of Allah [SAW] said: “Whoever is killed defending himself against injustice, he is a martyr.”
Injustice Hastens Punishment in this world
Sunan Ibn Majah 4211 It was narrated from Abu Bakrah that the Messenger of Allah (ﷺ) said: “There is no sin more deserving that Allah hastens the punishment in this world, in addition to what is stored up for him in the Hereafter – than injustice and severing the ties of kinship.”
Justice for Poor and Marginalised
Like progressive and regressive tax structures, the justice delivery system can also be progressive and regressive.
Justice is progressive if it is tilted favorably towards the poor and not the rich in matters of respite or quantum of punishment. It is regressive if it favors the rich and not the poor.
The Brahmanical legal system of ancient India where punishment was determined by the caste status of the accused was regressive because it awarded greater punishment to the poor and lower castes compared to the upper castes for the same offense.
For instance, according to the Kautilya’s Arthshashtra, “a Kshatriya (hereditary upper-class warrior man) who commits adultery with an unguarded Bráhman woman (wife of a hereditary priest) shall be punished with the highest amercement; a Vaisya (hereditary merchant) doing the same shall be deprived of the whole of his property, and a Shúdra (hereditary lower caste man) shall be burnt alive wound round in mats“.
Prophet Muhammad (s) condemned legal systems that favored the elites over the poor.
Narrated `Aisha: Usama approached the Prophet (ﷺ) on behalf of a woman (who had committed theft). The Prophet (ﷺ) said, “The people before you were destroyed because they used to inflict the legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is! If Fatima (the daughter of the Prophet (ﷺ) ) did that (i.e. stole), I would cut off her hand.”
Sahih al-Bukhari 6787
Narrated Ibn ‘Abbas: The Prophet sent Mu’adh to Yemen and said, “Be afraid, from the curse of the oppressed as there is no screen between his invocation and Allah.” Bukhari Volume 3, Book 43, Number 628
Holy Quran: A Criteria of Justice
Indeed, We sent Our messengers with clear proofs, and with them We sent down the Scripture and the balance ˹of justice˺ so that people may administer justice. And We sent down iron with its great might, benefits for humanity, and means for Allah to prove who ˹is willing to˺ stand up for Him and His messengers without seeing Him. Surely Allah is All-Powerful, Almighty. (Holy Quran 57:25)
It is Allah Who has revealed the Book with the truth and the balance ˹of justice˺. You never know, perhaps the Hour is near. (Holy Quran 42:17)
The Word of your Lord has been perfected in truth and justice. None can change His Words. And He is the All-Hearing, All- Knowing. (Holy Quran 6:115)
I have put my trust in Allah—my Lord and your Lord. There is no living creature that is not completely under His control. Surely my Lord’s Way is perfect justice. (Holy Quran 11:56)