THE CRITERIA FOR JUSTICE

Haider Zaman      

The Quraan says “He raised the heavens high and set the balance” (55:7) which may be explained as that after creating the heavens, namely, all the stars, planets and galaxies, Allah set them in proper order so as to establish and maintain necessary balance and equilibrium in the system.

It is because of His Will of balancing that the system has been functioning with harmony and it is because of His Will of harmony that it has survived for billions of years. The Quraan, therefore, tells us to maintain a similar balance in our own spheres of activities and not to disturb it (55:8).

The word “balance”, among other things, implies doing justice. This is evident from another Quraanic verse which says “We sent our Messengers with clear signs and instructions and set down with them the Book and the balance so that the people stand by justice”. (57:25)

In the sphere of human activities, when the principles of balance are applied in the exercise of discretion, whether in relation to one’s self or in relation to others, or in the exercise of authority or in the delivery of judgments or decisions in regard to others in general and their rights and obligations in particular, it is called justice.

Dispensation of justice assumes particular significance when it is in regard to the determination of rights and obligations, or innocence or guilt, of others. One of the main requirements of doing justice in regard to these matters could be that the person giving decision on the issues involved observes the norms of balance to the extent possible, which means that he gives equal opportunities to the parties to plead and defend their claims and positions, as the case may be. That he weighs the evidence adduced and the arguments put forward with even scales, and gives due consideration to the contentions raised and the pleas set up by the parties, and then delivers the judgment on merit.

Delivering judgment on merit means that the person delivering such judgment is unbiased and uninfluenced by any consideration other than the merit and demerit of the evidence produced by the parties.

In this connection the Quraan says: “O believers! Be you the standard bearers of justice and witnesses for the sake of Allah, even though your justice and your evidence might be harmful to yourself, or to your parents, or to your relatives. It does not matter whether the party concerned is rich or poor: Allah is their greater well wisher than you”. (4:135)

The decision of the Prophet (SallAllaho alaihe wasallam) in the dispute between an orphan and his guardian over the ownership of a palm tree could be an ideal example. On the evidence presented, the palm tree proved to be the property of the guardian and the Prophet (SallAllaho alaihe wasallam) ruled accordingly. But the Prophet (SallAllaho alaihe wasallam) was so much moved by the sadness of the orphan over the decision that he purchased the tree from the guardian through some one else and gifted it over to the child (Waaqidi).

No extent of affection or sympathy could deter him from delivering the judgment on merit. Equally important is what the Prophet (SallAllaho alaihe wasallam) said while rejecting a request that “the early people were destroyed because if an influential person among them committed a crime he was allowed to go unpunished while a weak one was punished”.

The Quraan also spells out specific principles and norms of justice in regard to various matters. For example, it says “there is no blame on you in the mistakes that you commit unintentionally” (33:5) and that “Allah will not take you to task for that which is unintentional in your oaths”. (2:225)

Similarly, the Prophet (SallAllaho alaihe wasallam) said that intention is the foundation of all human action.

These verses of the Quraan and the Hadeeth (Sayings) of the Prophet (SallAllaho alaihe wasallam) spell out that there can be no sin, crime or offence without intent.

In other words, intention could be the gist of an offence. This principle has now been accepted the world over which means that what was revealed by the Quraan fourteen hundred years ago is now universally accepted. Likewise, in regard to the punishment, the Quraan says: “The recompense for an injury is an injury equal thereto but if a person forgives and makes reconciliation his reward is due from Allah”. (42:40)

This means that the punishment must be commensurate to the offence committed, yet the acts of forgiving and making reconciliation are preferred if the person aggrieved or harmed so desires. At the same time the Quraan recognizes the right to self-defence. (26:227)

In regard to civil matters, the Quraan reveals specific principles of fundamental importance to the dispensation of justice in these matters. These principles are: do not covet (4:32) or usurp (2:188) what belongs to others; do not withhold from the people things that are due to them (11:85); weigh with even scales (be fair in all transactions) (17:35); do not violate trusts (8:27) (2:283); keep pledges (17:34); do not commit fraud (83:1) and do not commit excesses (5:87).

In almost all the countries of the world, these principles have been incorporated in the relevant laws or they serve as the basis of decisions in related cases. In regard to the contracts involving future obligations, the Quraan specifically enjoins that such contracts shall be reduced, through writing in the presence of at least two witnesses. It takes due care that the genuine interests of the parties, especially of the one who is likely to incur liability or obligations under the contract, are fully protected.

Since dispensation of justice, whether in matters involving the rights and obligations of parties, or the innocence or guilt of a person or persons, largely depends on evidence, the Quraan lays special emphasis on obtaining proper and relevant evidence. It says: “Never conceal evidence for he who conceals it has a sinful heart”. (2:283)

It says again: “Cover not truth with falsehood nor conceal truth when you know”. (2:42) And further: “O believers! Be steadfast in giving evidence for the sake of Allah in equity and let not the enmity of any people provoke you to turn away from justice”. (5:8)

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