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THE RIGHT TO JUSTICE – I
Dr. Saleh al-Aayed
Published in The Saudi Gazette on 17 - 06 - 2011


vIII
ALLAH requires Muslims to be just in all their affairs and to act equitably toward everyone.
Allah says: “And the heaven He has raised it high, and He has set up the Balance. In order that you may not transgress (due) balance. And observe the weight with equity and do not make the balance deficient. (9) And the earth He has put down (laid) for the creatures.” (Qur'an 55;7-10)
Muslims are divinely ordained to act with justice, even if it means acting against themselves or those close to them, as the Qur'an states:
“O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a Better Protector to both (than you). So follow not the lusts (of your hearts), lest you avoid justice, and if you distort your witness or refuse to give it, verily, Allah is Ever Well-Acquainted with what you do.” (Qur'an 4:135)
Allah requires that we apply justice at all times:
“Verily! Allah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice. Verily, how excellent is the teaching which He (Allah) gives you! Truly, Allah is Ever All-Hearer, All-Seer.” (Qur'an 4:58)
Islamic justice toward non-Muslims is multifaceted. Islam gives them the right to go before their own courts; it also guarantees them equality in seeking justice with Muslims, if they choose to present their case to an Islamic court.
Allah says: “So if they come to you (O Muhammad), either judge between them, or turn away from them. If you turn away from them, they cannot hurt you in the least. And if you judge, judge with justice between them. Verily, Allah loves those who act justly.” (Qur'an 5:42)
If a Muslim were to steal from a non-Muslim dhimmi (a person enjoying a Muslim government's protection under a covenant), he would be liable to the same punishment as the dhimmi would have been had he stolen from the Muslim.
Similarly, a Muslim is liable to receive a sentence for defamation if he slanders a man or woman protected under the covenant. Islamic history has some beautiful examples of justice meted out by Muslims toward non-Muslims. A man named Ta'ima stole a suit of armor from Qataada, his neighbor. Qataada had hidden the armor inside a sack of flour so, when Ta'ima took it, the flour leaked out of the sack through a hole, leaving a trail up to his house. Ta'ima then left the armor in the care of a Jewish man named Zayed, who kept it in his house, in order to conceal his crime. Thus, when the people searched for the stolen armor, they followed the trail of flour to Ta'ima's house but did not find it there. When confronted, he told them under oath that he had not taken it and knew nothing about it. The people helping the owner also swore that they had seen him breaking into Qataada's house at night, and had subsequently followed the telltale trail of flour, which had led them to his house. Nevertheless, after hearing Ta'ima swearing that he was innocent, they left him alone and looked for further clues, finally finding a thinner trail of flour leading to the house of Zayed, and so arrested him.
The Jewish man told them that Ta'ima had left the armor with him, and some Jewish people confirmed his statement. The tribe to which Ta'ima belonged sent some of their men to the Messenger of Allah (peace be upon him) to present his side of the story, and asked them to defend him. The delegation was told, “If you do not defend our clansman, Ta'ima, he will lose his reputation and be punished severely, and the Jew will go free.” The Prophet (pbuh) was subsequently inclined to believe them, and was about to punish the Jewish man when Allah revealed the following verses of the Qur'an to vindicate the Jew. The verse continues to be recited by Muslims today as a reminder that justice must be delivered to all:
“Surely, We have sent down to you (O Muhammad) the Book (this Qur'an) in truth that you might judge between men by that which Allah has shown you (i.e. has taught you through Divine Revelation), so be not a pleader for the treacherous. And seek the Forgiveness of Allah, certainly, Allah is Ever Oft-Forgiving, Most Merciful And argue not on behalf of those who deceive themselves. Verily, Allah does not like anyone who is a betrayer of his trust, and sinner. They may hide (their crimes) from men, but they cannot hide (them) from Allah, for He is with them (by His Knowledge), when they plot by night in words that He does not approve, and Allah ever encompasses what they do. Lo! You are those who have argued for them in the life of this world, but who will argue for them on the Day of Resurrection against Allah, or who will then be their defender?” (Qur'an 4:105-109)
To be continued
Courtesy: www: religionislam.com
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