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Lesson: 26 Justice and Equity
The subject
of justice is worth discussing from two viewpoints:
1 - From personal
and individual angle 2 - From social and collective aspect.
As from the
individual consideration when man has this divine and heavenly attribute making
one strong from within it makes him graceful. Consequently it brings man near
his Lord.
As for the
collective angle, if this virtue spreads in a society of a nation it makes that
society happy. Their world turns into paradise. Their life in this world will
become like a life in paradise. Society will be full of rest and satisfaction
and nobody will have any fear except that of his own offence or sin which he
knows will make him suffer as a punishment.
We, before
explaining the meaning of Adl, Justice Equity and Aadil just, quote here some
verses and traditions mentioning justice:
1 - Certainly
We sent Our apostles with clear arguments, and sent down with them the Book
and the balance that men may conduct themselves with equity.
2 - Say:
My Lord has enjoined justice.
3 - And
say: I believe in what Allah has revealed of the Book, and I am commanded to
do justice between you.
4 - Surely
Allah enjoins the doing of justice and the doing of good to others.
5 - O you
who believe! Be maintainers of justice, bearers of witness of Allah's sake,
though it may be against your own selves or your parents or near relatives;
if he be rich or poor, Allah is nearer to them both in compassion; therefore
do not follow your low desires, lest you deviate; and if you swerve or turn
aside, then surely Allah is aware of what you do.
6 - And
do not approach the property of the orphan except in the best manner until he
attains his maturity, and give full measure and weight with justice - We do
not impose on any soul a duty except to the extent of its ability; and when
you speak, then be just though it be against a relative, and fulfil Allah's
covenant; this He has enjoined you with that you may be mindful.
7 - O you
who believe! Be upright for Allah, bearers of witness with justice, and let
not hatred of a people incite you not to act equitably; act equitably, that
is nearer to piety, and he careful of your duty to Allah; surely Allah is Aware
of what you do.
Now we invite
your attention to some narrations:
1 - It is recorded
in the will of Amirul Mo-mineen (a.s.): I command you by this will to be just
both in happiness and in indignation.
2 - Abi Malik
says: I asked Imam Sajjad (a.s.) What is acceptable in all the religions? He
said: Speaking the truth, a just order and keeping of promise.
3 - It is quoted
from Imam Sadiq (a.s.): Justice is the sweetest water that can reach lips of
a thirsty person. Equity is vast even if it is little when justice is meted
out.
4 - The Holy
Prophet (s.a.w.s.) said: The most impartial just man is he who likes for others
what he likes for himself and dislikes for people what the dislikes for himself.
5 - The Holy
Prophet (s.a.w.s.) said: The heavens and the earth are based on justice.
6 - When Ali
(a.s.) attained caliphate, he said about the properties that were mismanaged
during the rule of Usman: By God! If I get from what Usman has awarded and what
has been unjustly given away from the public treasury to this and that, I will
return it to whom it really belonged, even if that money was used for marrying
women or for purchasing slave girls, because, justice brings ease and the one
to whom justice is heavy, the bearing of injustice and oppression will be still
heavier
7 - The Holy
Prophet (s.a.w.s.) said: The man who will be nearest to God on the Day of Judgement
will be a just ruler and the one who will be farthest from Divine Mercy will
be an unjust ruler.
8 - The Holy
Prophet (s.a.w.s.) has said: One hour spent in meting out justice is better
than seventy years of worship.
Now when you
have seen some verses of the Holy Quran and some traditions narrations of the
Holy family of the Prophet (s.a.w.s.) your attention is drawn to a question
and its answer:
1 - What is
the meaning of Adl Justice?
As regards
the first question:
We should know
that justice has a very vast meaning which encircles all the good deeds of man,
because, the reality of justice is such that it envelopes everything and puts
everything where it really belongs.
In other words:
Recognising the rights and to give and to return a right to whom it belongs.
In the words of Amirul Mo-mineen (a.s.): Justice puts everything in its real
place and justice is a universal management.
Islamic jurisprudents
too have defined it like this:
Justice is
the strength and power or ability which enables man to do his duties and to
refrain from the prohibited. This meaning too, actually, is a return to the
earlier meaning.
2 - Is there
a difference between Adl and Qist or not?
We should say
that there is a difference between Adl Justice and Qist Equity. It is called
Justice is when man gives everybody their right. The opposite of it is that
he oppresses or does injustice to others and withholds their rights.
But Qist means
not to give one ones right to another and in other words, he had no bias. Its
opposite is to give ones right to another person .
The vast meaning
of these two terms have been seen by you especially in the verses mentioned
earlier. Yet it should be remembered that even though these two terms are used
differently they have almost the same sense and it is the maintenance of moderation
of equilibrium in everything and putting everything in its proper place.
Justice is
one of the important foundations of Islam
Providing justice,
to all is one of the most important problems of Islam, because, the issue of
Adl, like the issue of Tawheed oneness of God, has far reaching influence in
all the roots and branches of Islam. Just as any of the issues pertaining to
belief, practice, individual, society, moral, economical are not separate from
Tawheed and Oneness of Allah, similarly, you will not find any of them without
the spirit of Adl justice and equity and fairplay.
Here are narrations
in this regard:
1 - Yazeed
bin hammad asked Imam Moosa bin Ja'far (a.s.): Is it permissible for me to follow
stand behind in Namaz prayers a man whom I do not know? The Imam replied: Do
not pray behind anyone unless you are satisfied about his Deen religion.
2 - In his
letter to Mamoon, this is what Imam Reza (a.s.) wrote: No Namaz behind an offender.
Sign of
Adalat
Abdullah bin
Abi Yaghfoor says: I asked Imam Sadiq (a.s.): How a man's justness is proved?
So that his witness, in favour of or against the Muslim society, can be accepted?
The Imam (a.s.) replied: A just man must be recognised by these attributes or
qualities: he should be modest and chaste, he must be avoiding prohibited eating
or earning and should refrain from passion. He can be recognised by not dirtying
his hand and tongue in sin and by keeping away from big sins. God has promised
chastisements like drinking, adultery, usury or interest, disobeying parents
and fleeing from Jihad
Imam Sadiq
(a.s.) also said: Anyone who lives in a society and does not commit oppression
or injustice, and enlightens them and does not tell untruth when informing them,
and after giving promise, does not break it, is from those whose backbiting
is prohibited. His manliness has perfected, his justness become obvious and
brotherhood with him has become compulsory.
With two mentioning
we end the discussion of Adl
1 - In an Islamic
society it is better that all the followers of Islam should be just and be refraining
from sins and deviations so that they may be happy and lucky and also guide
the society toward humanity.
2 - No that
by the Grace of God the Islamic state has been established in Iran through the
blood of scarification of a hundred thousand martyrs and a hundred thousand
disabled and injured and embarrassment to hundreds of thousands of families
and loss of milliards of tomans, it is a must for the entire nation, especially
for those in charge of administration, to know that if they refract from justice
and equity and fairness in their words and deeds and if they follow their desires
and passions they will trample on the blood of the martyrs and it would be such
a great sin that surely the Lord Almighty and this awakened nation will never
overlook. In case justice and equity are not acted upon, then all must fear
that day when, God forbid, this Islamic state may be taken away from us because
the administration of this world will remain only on Justice. Hence The Holy
Prophet (s.a.w.s.) said: A state can remain standing on unbelief but not on
injustice and oppression.
Our Islamic
society, and especially, those in charge of administration must always act according
to the precious words of Amirul Mo-mineen (a.s.). We remember some of them from
Nahjul Balaghah:
1 - Do you
command me that I should seek support by oppressing those over whom I have been
placed? By Allah, I wont do so as long as the world goes on, and as long as
one star leads another in the sky. Even if it were my property, I would have
distributed it equally among them, then why not when the property is that of
Allah. Beware; certainly that giving of wealth without any right for it is wastefulness
and lavishness. It raises its doer in this world, but lowers him in the next
world. It honours him before people, but disgraces him with Allah. If a man
gives his property to those who have no right for it or do not deserve it, Allah
deprives him of their gratefulness, and their love too would be for others.
Then if he falls on bad days and needs their help, they would prove the worst
comrades and ignoble friends.
And it is this
justice and fairplay about which the well-known western writer and poet Carlyle
has said: Ali got martyred in the altar of a mosque because of his overwhelming
justice, equity and fairness.
2 - When Ali
(a.s.) was asked why he wore rough clothes and ate dry food? He replied: Woe
be to you, I am not like you. Certainly, Allah, the Sublime, has made it obligatory
on true leaders that they should maintain themselves at the level of low people
so that the poor do not cry over their poverty.
3 - Ali (a.s.)
asks like this to Malik Ashtar, the governor of Egypt: Know the biggest thing
which adds to the light of the eyes of the rulers is the establishment of justice
in all the cities and the manifestation of their relation with the people. However,
their love and affection does not become apparent except by their clean-heartedness
toward the rulers. Their well-wishing is beneficial when they turn toward the
rulers of their own wish, without any force from the government and if the lengthening
of the rule is not detestable for the people.
4 - Amirul
Mo-mineen (a.s.) wrote this to Aswad bin Qutba, commander of the Halwaan army
in Iran: After glorifying Allah and praising the Holy Prophet (s.a.w.s.) let
it be known to you that if a ruler develops different inclinations and favours
about different people over whom he rules, then his treatment with them will
not be on the basis of equity and impartiality. And this will not allow him
to be just and fair to all. But so far as justice and equity are concerned your
treatment of all should be fair and unprejudiced. Remember that nothing can
compensate for tyranny and oppression. Keep yourself away from what you consider
bad and evil in others. Try your best to fulfill the obligations laid down by
Allah upon you and keep on hoping for His Reward and fear His Wrath because
this world is a place for trials and tests and whoever wastes his time here
will repent in the Hereafter. Remember that nothing will ever make you independent
of the Blessings of Allah and He has made it incumbent upon you to have complete
control over your own self, that you, to the best of your ability, protect and
guard the people over whom you rule. In this way you will benefit more than
others whom you benefit.
5 - Some of
the words of wisdom uttered by Ali (a.s.) after people paid allegiance to him:
By God! I will snatch the right of the oppressed from the oppressor. I will
pull the bridle of the tyrant until I drag him to the watering trough of rights
even if he dislikes it.
6 - When people
asked Imam Ali (a.s.) whether justice is higher or generosity? He replied: Justice
puts everything in its appropriate place but generosity lifts it higher than
its course. Justice is a universal law but generosity has a special aspect.
Therefore, justice is more noble and higher than generosity.
