In the eleventh year of his successful reign over the expanding Muslim empire, one disbeliever [Abu Lulu AI-Majoosi] stabbed him as he was leading Salatul Fajr in the Prophet's mosque in Medina. It turned out to be fatal. Before Umar died, people were worried about his condition as if they had never suffered any calamity before. Eventually, people realized that he would die; they came in droves, praising him. Other than his Islaam, what was the most significant thing that Umar was praised with? Let's hear it from the young Ansar man who said: "0 chief of the believers! Receive the glad tidings from Allaah to you due to your company with Allaah's Messenger and your superiority in Islam, which you know. Then you became the ruler and you ruled with justice and finally you have been martyred." 'Umar said, "I wish that all these privileges will counterbalance (my shortcomings) so that I will neither lose nor gain anything."
Thereafter, 'Umar preached justice even as his last breath was leaving his body. He said: 'I recommend my successor to be good to the early emigrants [the Muhajiruh] and realize their rights and to protect their honour and sacred things. And I also recommend him to be good to the Ansar [the Helpers] who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (non-Muslims under Muslim protection) of Allaah and His Messenger, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities." When the young man turned back to leave, his clothes seemed to be touching the ground. 'Umar became just with him too and said, "Call the young man back to me." (When he came back) 'Umar said, "0 son of my brolher! Lift your clothes, for this will keep your clothes clean and save you from the punishment of your Lord." (Bukhari)
What is Justice?
But what is the meaning of the word Justice? When is a person really certified as just and how do we measure it? In Arabic, justice is AI Adl, which means a middle course or intermediateness.
It is the fair treatment of people and acting equitably amongst them without discrimination. It is the absence of oppression and unfairness and it is to act or do things according what is right and proper. Justice also means treating or dealing with people with integrity and evenhandedness. To a Muslim justice is taken in its generality to be an obligation, which must be fulfilled. Allaah says:
"Verily, Allaah enjoins justice, and doing good, and giving help to kith and kin," (An-Nahl [16]: 19)
Justice is a characteristic of the Muslim in all matters without exception. Being just is one of the attributes of righteousness, and it is giving each matter or person its deserving right. Justice and equity go hand in hand.
Justice does not always translate into equality. So justice and equity are the same but justice and equality may not be similar in all cases. There is a good example of this in the process of sharing out the inheritance to the beneficiaries. In the decision of Allaah and the practice of His Messenger (peace arid blessing be upon him), the male child gets twice what the female child gets. Allaah says:
"Allaah commands you as regards your children's inheritance; to the male, a portion equal to that of two females ...these fixed shares are ordained by Allaah, And Allaah is Ever All-Knower, All Wise," (An-Nisaa [4]: 11)
This is the true equity; and to those who are looking for equality, Allaah says:
"Say: "Do you know better or does AIlaah knows better?"(Baqarah [2]: 140)
Be just! & Avoid Injustice
Allaah enjoins justice upon us, even when we are dealing with our enemies; and He rewards those who are just! Allaah says:
"O you who believe! Stand out firmly for Allaah and be just witnesses and let not the enmity and hatred of others make you avoid justice, Be just: that is nearer to piety, and fear Allaah, Verily, Allaah is Well-Acquainted with what you do," (Maaidah [5]: 8)
Also, Abu Hurairah (RA) narrated: "Allaah's Messenger (peace and blessing be upon him) said:
"There is a charitable gift (Sadaqah) 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 Sadaqah (i.e. charitable gift) for the one who establishes justice among people. " (Bukhari)
As for its reward, Abdullah ibn Umar (RA) narrated: 'The Messenger of Allaah peace be upon him) 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." (Bukhari)
Similarly, Allaah has forbidden oppression and injustice against anyone; and He punishes it. Narrated Abu Dharr (RA): "Allaah's Messenger (peace and blessing be upon him) stated that Allaah, the Exalted and Glorious, said:
"My servants, I have made oppression unlawful for Me and unlawful for you, so do not commit oppression against one another." (Muslim)
As for the punishment, Allaah's Messenger (peace and blessing be upon him) said:
"Be on your guard against committing oppression, for oppression is a darkness on the Day of Resurrection ..." (Muslim)
Also, he said:
'A commander (of the Muslims) is a shield for them. They fight behind him and they are protected by (him from tyrants and aggressors). If he enjoins fear of God, the Exalted and Glorious, and dispenses justice, there will be a (great) reward for him; and if he enjoins otherwise, it rebounds on him.' (Bukhari)
The greatest form of Justice.
Justice, in its greatest form, is to devote all forms of worship to Allaah alone without associating anything or anyone with Him; it is to obey Allaah and not to disobey Him, to remember Him and not to forget Him; and to be grateful to Him and not to be ungrateful. Zaid bin Amr bin Nufail said: "Allaah has created the sheep and He has sent the water for it from the sky, and He has grown the grass for it from the earth; yet you slaughter it in the name of those other than Allaah." (Bukhari)
Far is Allaah, above all that they attribute to him. To do otherwise is the greatest form of injustice:
Narrated Abdullah bin Mas'ud (RA) "When the following Verse was revealed:
"It is those who believe and confuse not their belief with wrong (worshipping others besides Allaah.)" (An'aam [6]: 83),
the Companions of Allaah's Messenger asked, "Who is amongst us who had not done injustice (wrong)?" Allaah revealed:
"No doubt, joining others in worship with Allaah is a great injustice (wrong) indeed." (Luqman [31]: 13) (Bukhari)
Denying the Messengers of Allaah and not heeding their messages is another great injustice and misfortune one can bring on his own soul. Allaah says:
"And who does more wrong than he who is reminded of the evidences and signs of his Lord, but turns away from them forgetting what deeds his hands have sent forth .... And if you call them to guidance, even then they will never be guided." (Kahf [18]: 57)
Allaah's Messenger (peace and blessing be upon him) has also told us what Allaah expects from us. Narrated Muaadh (RA): "I was a companion rider of the Prophet on a donkey called Ufair. The Prophet asked, "O Mu'aadh! Do you know what Allaah's right on His slaves is, and what the right of His slaves on Him is?" I replied, "Allaah and His Messenger know better." He said,
"Allaah's right on His slaves is that they should worship Him Alone and should not worship any besides Him. And the slave's right on Allaah is that He should not punish him who worships none besides Him. "(Bukhari)
Justice in your family.
Within the family circle that is the smallest unit of the society, it is important that justice be well grounded amongst its members. Preferential treatment for anyone [whether wife or child] should be avoided. Justice should be the basis on which all family dealings should be based. When you have more than one wife, part of justice is that you do not favour one more than or against the other. Narrated Abu Hurairah (RA): The Prophet (peace and blessing be upon him) said:
"When a man has two wives and he is inclined to one of them, he will come on the Day of resurrection with a side hanging down." (Abu Dawood)
The children should be treated in the same just way. An-N umaan bin Basheer (RA) related that: My mother asked my father to present me a gift from his property; and he gave it to me after some hesitation. My mother said that she would not be satisfied unless the Prophet (peace and blessing be upon him) was made a witness to it. I being a young boy, my father held me by the hand and took me to the Prophet. He said to the Prophet, "His mother, bint Rawaha, requested me to give this boy a gift." The Prophet said, "Do you have other sons besides him?" He said, "Yes." The Prophet (peace and blessing be upon him) said "Have you given the like of it to everyone of your sons." He said "No" The Prophet said: "Do not make me a witness for injustice." (Bukhari)
Justice with other people
AbdurRahman ibn Shumasah said: I came to Aisha to inquire about something from her. She said: From which country are you? I said: I am from the people of Egypt. She said: What was the behaviour of your governor towards you? I said: We did not experience anything bad from him. If the camel of one of our men died, he would bestow on him another camel. If anyone of us lost his slave, he would give him another slave. If anybody were in need of the basic necessities of life, he would provide them with provisions. She said: Behold! The treatment that was meted out to my brother, Muhammad ibn AbuBakr, does not prevent me from [being just and telling you what I heard from the Messenger of Allaah. He said in this house of mine:
"O Allaah, he who (happens to) acquire some kind of control over the affairs of my people and is hard upon them--be You hard upon him, and he who(happens to) acquire some kind of control over the affairs of my people and is kind to them--be You kind to him. "(Muslim)
Justice should be the basis of relating with other people; it should be applied in all that one does either in speech or action. In the above narration, Aisha acknowledged the kindness and good leadership of the Governor of Egypt, even though he was held responsible for the death of her younger brother! Justice with oihers should become a part of us so that we can get Allaah's reward. Surely Allaah loves those who are equitable. The Prophet (peace and blessings upon him) said:
" The equitable will be seated upon pulpits of light upon Allaah; those who do justice in their decisions, with their families, and what is entrusted to them." (Muslim)
May Allaah count us among the just.
When you judge others
Within the society, there must be people who judge others. They are called judges [al-Hakim] or mufti [an expert in Islamic legal matters]. This is a noble duty for which there is a great reward with Allaah. Allaah's Messenger (peace and blessing be upon him) said,
"There is a charitable gift (Sadaqah) to be given for every joint of the human body; and for every day on which the sun rises there is a reward bf a Sadaqah for the one who establishes justice among people." (Bukhari)
Certain conditions must be fulfilled before the judge will get this promised reward.
Give a Fair Hearing
The first and the most important condition is that only the laws of Allaah must be used for judgement; any other set of laws is false and will only lead to injustice. Allaah says:
"Do they then seek the judgement of [the days of] Ignorance? And who is better in judgement than AIlaah for a people who have firm faith." (AI-Ma'idah 5:50)
Next is to ensure that justice is done at all times for the Messenger of Allaah (peace and blessing be upon him) said: "He who has been ruler over ten people will be brought shackled on the Day of Resurrection till justice loosens his chains or tyranny brings him to destruction. "(Tirmidhi) Justice entails giving fair hearing to people in dispute. Allaah says:
"And if you judge, judge with justice between them. Verily, AIlaah loves those who act justly. " (Maaidah [5J:42)
This also forms part of the recommendation of the Prophet (peace and blessing be upon him) to his youthful companions. Narrated Ali bin Abu Talib (RA): The Messenger of Allaah (peace and blessing be upon him) sent me to the Yemen as judge, and I asked: O Messenger of Allaah, are you sending me when I am young and have no knowledge of the duties of a judge? He replied: "
Allaah will guide your heart and keep your tongue true. When two litigants sit in front of you, do not decide till you hear what the other has to say as you heard what the first had to say; for it is best that you should have a clear idea of the best decision. "(Abu Dawood)
What kind of Judge will you be?
Even when the above conditions are fulfilled; still, do not seek to be a judge. Narrated Anas bin Malik (RA): "The Prophet (peace and blessing be upon him) said: "
If anyone desires the office of judge and seeks help for it, he will be left to his own devices, if anyone does not desire it, nor does he seek help for it, Allaah will send down an angel who will direct him aright. "(Abu Dawood)
Once you are a judge, you have the capacity to decide the kind of judge you wish to be. Narrated Buraydah bin al- Hasib (RA): The Prophet (peace and blessing be upon him) said:
"Judges are of three types, one of whom will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gives judgment for people when he is ignorant will go to Hell." (Abu Dawood)
The qualified and upright judge will always be rewarded for his sincere efforts. Amr bin AI As said that he heard Allaah's Messenger saying,
"If a judge gives a verdict according to the best of his knowledge and his verdict is correct (i.e. agrees with Allaah and His Messenger's verdict) he will receive a double reward, and if he gives a verdict according to the best of his knowledge and his verdict is wrong, (i.e. against that of Allaah and His Messenger) even then he will get a reward." (Bukhari)