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JUSTICE
‘Justice’ means such meanings
in the dictionary as; to head towards a right path from wrong path; to be
equal and alike, to keep in balance and to weigh up. Therefore, when it is
necessary to express justice, the picture of balance is used.
As a concept, justice means
‘to be right in behaviour and judgement, to adjudge according to the right,
to be equal, to equate, to give the right to deserved one, to abstain from
injustice, to treat equally to everyone, to distinguish the rightful and the
wrongful and to impose punishment to the wrongful without being more or
less.
The one who carries this
characteristics on himself is called
as ‘The Just’. And one of the most beautiful names of Allah (the
Almighty) (Al Asma’ul
Husna) is the ‘ADL’ (THE JUST) which expresses this
attribute.
Allah Almighty orders in a
verse in the Noble Quran : “O you who
believe! Stand out firmly for justice, as witnesses to Allāh, even though it
be against yourselves, or your parents, or your kin, be he rich or poor,
Allāh is a Better Protector to both (than you). So follow not the lusts (of
your hearts), lest you may avoid justice, and if you distort your witness or
refuse to give it, verily, Allāh is Ever WellAcquainted with what you do....”
(Chapter Nisā ,
4/135.)
According to the Islam
moralists; ‘Justice’ is defined as the ethic virtue that enables the harmony
in indivudual and social structure and living according to the principals of
equity and equality.
‘Justice’ as being either an
ethic virtue or a juridical rule and a philosophical principal; is used and
known all over the world since the first human and the first prophet.
Allah Almighty orders in a
verse in the Noble Quran :” Now then for that (reason) call (them to
the Faith) and stand steadfast as thou art commanded nor follow thou their
vain desires; but say: "I believe in the Book which Allah has sent down; and
I am commanded to judge justly between you...” (Chapter
Shura, 42/15.)
According to this, ‘Justice’
is a stable straightness which is not affected by random wishes and
inspirations; and a psychological balance which realizes by obeying the
rules of ethics; and an ethical maturity. By the result of formation of this
balance and maturity which is expressed by moderation and justice; the
behaviours of the human will be far away from all excesses.
According to The Noble Quran
the measure or the base of ‘Justice’ is the equity. As it will be possible
to reach out to divine inspiration through the ‘right’, the justice can be
obtained by obedience to equity.(Chapter
A’raf, 7/159,181.)
‘Right’ is an objective concept and a stable principal of law. While a
judgement is given about a right; for the humans who are pleased in case of
the right is adjudged in favor of themselves and who do not recognize this
judgement when it is against themselves; it is said in a verse that : “Nay,
it is they themselves who are the Zālimūn” (polytheists, hypocrites and
wrong-doers, etc.). (Chapter
Nūri, 24/48-51.)
In The Noble Quran it is
extremely stressed repeatedly that the right and the justice is absolute and
it is declared that Allah Almighty will adjudge justly in a way that he will
never give an opportunity to injustice and his promise is accurate.
“Every soul that hath sinned if it
possessed all that is on earth would fain give it in ransom: they would
declare (their) repentance when they see the Penalty: but the judgment
between them will be with justice and no wrong will be done unto them./ Is
it not (the case) that to Allah belongeth whatever is in the heavens and on
earth? Is it not (the case ) that Allah's promise is assuredly true? Yet
most of them understand not “ (Chapter
Yunus, 10/54-55.)
“We shall set up scales of justice
for the Day of Judgment so that not a soul will be dealt with unjustly in
the least. And if there be (no more than) the weight of a mustard seed We
will bring it (to account): and enough are We to take account..”(Chapter
Enbiyā, 21/47.)
The last verse which the orators recite just before going down from minber
(hight pulpit beside the altar in a mosque) in Jumah (Friday) Khutbah,
(plain sermon delivered in the mosques on Fridays) orders to do three things
and to avoid three things:
“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.” (Chapter
Nahl, 16/90.)
The scope of the justice ordered in verses is quite vast. Justice is to act
straight in all the fields of human life, in behaviours, in adjudging and
deciding, in giving the human rights, in loving and caring, in adminstrative
affairs and in training; to work properly and to give everyone’s right.
Islam considers the ethic of
justice as a religious command and the base of social order; and praises the
‘just’ ones who treats with justice and condemned and threated the ones who
commited injustice and fell into opression by leaving justice, with a
hurting torment.
The Justice of our Prophet
(peace and blessings on
him)
Our prophet
(peace
and blessings on him)
was
never someone who
gave up the wordly issues and who stood far away from social life. He was
living with the tribes which were located in Mecca in his youth years and
after he became prophet he was again with various tribes and nations.
Sometimes these tribes had quarreled fiercely, had shed blood, had fought
with eachothers and had made war for many years. A
behaviour
which pleased one of the sides was disturbing the other side because of the
lasting blood feuds and enmity among eachothers.
And so it is whilst our
Prophet (peace
and blessings on him)
was expanding the true
religion among these enemy tribes He was gaining their hearts and He was
planting the buds of right, justice, moderation and brotherhood among them.
However while He was doing these He did not deviate in the slightest degree
from right, justice and moderation.
The influential and the rich
persons of Arabs would allot a seperate position in the society for
themselves, would consider themselves superior to others, they would not
endure the same opressions were applied for themeselves which they were
applying to others specially to lonely and poor ones.
Once a woman from a Mahzumi
tribe had commited a thievry. Qureysh Tribe did not want this woman, who was
a member of an honoured tribe, punished. Our Prophet
(peace
and blessings on him)
loved Usame bin Zeyd very
much. They knew that He would never hurt him. By interfering him they sent
him to request that our Prophet
(peace
and blessings on him)
would not punish this
woman. Our prophet (peace
and blessings on him)
said to Usame that : “
The Sons of Israel were perished because of such side takings. While they
were giving the violent punishments to their poor they would not give
punishment to their influential and rich ones”.
Our Prophet
(peace
and blessings on him)
did not discriminate the
religions among people while He was applying justice. Even if the right
owner was a Jew, He would take it from the Muslim and give it to him.
Ebu Hadrad, one of His
Sahabah (companions), had borrowed some money from a Jew. The due date had
come and the Jew wanted his money back persistantly. However Ebu Hadrad did
not have anything except his cloth on his back. By that time Our Prophet (peace
and blessings on him)
was making preparations
for the Hayber Battle. This war was going to be on Jews. The issue was
extented to Our Prophet
(peace and blessings on him).
Even Ebu Hadrad wanted some more time from the Jew, he was not pleased. He
brought the companion to Our Prophet
(peace
and blessings on him).
He wanted that Our Prophet
(peace
and blessings on him)
takes the money for him.
Ebu Hadrad told that he did not have nothing to give however he would pay
after the conquer of Hayber if he would get something as booty. However the
Jew was insisting. At the end Our Prophet
(peace
and blessings on him)
said to his poor
companion that he sells some part of his cloth on himself and pays his debt.
And Ebu Hadrad did as Our Prophet
(peace
and blessings on him)
said.
As it is seen in this case,
while he was preparing to battle on Jews, Our Prophet was looking for the
right of the Jew againts one of his companions whom He was protecting as His
eye and was caring more than His children.
Our Prophet
(peace
and blessings on him)
would never distinguish
himself in right, law and justice issues and He would not accept that some
special practice is made for him. The numerous examples of this are found
in Our Prophets (peace
and blessings on him)
life and indicating that
He was at the higest level in this field.
Ebu Said el – Hudri related,
“Once Our Prophet (peace
and blessings on him)
was allocating the booty
goods gained in a war, among his companions. There was a huge crowd that one
of the companions leaned over Our Prophet
(peace
and blessings on him)
as climbing on His back.
Our Prophet (peace
and blessings on him)
pointed out to that
person with the thin date stick which He was holding in His hand and wanted
him to draw back to the side. The top edge of the stick touched to the face
of the man and scratched. Our Prophet
(peace
and blessings on him)
realized this and gave
the stick which He was holding to that man and told him: “Here is my face,
come and take your right from me”. However the Companion who loved
Rasulullah (The Messenger of Allah) more than his own life, said: “ Oh! The
Messenger of Allah, I forgive my right and pardon You”, and he desisted from
his right.
Our Prophet
(peace
and blessings on him)
was living the last days
of his life. It was time to bid farewell to the world. He wanted to bid
farewell and forgive eachothers’ with His companions. He would not go
to hereafter while He had a right on himself. He gathered the companions and
addressed them as this: “If I would had commited a mistake to one of you,
hurt whomever physicaly and spiritually, given harm to your life and
honor in anyway, let him come and take his right from me, and I compensate
to him.” In this way, even in the last momen of His life and heavy
sickness, He wanted that the justice takes place. He did not want that
noone’s right remains on Him. (M.
Paksu, The Sample Moral Of Our Prophet
)
The Justice In Islamic Society
There are Book and Scale in
the base of Islamic Society. If the Muslims carry out the Scale by obeying
the Book, namely if they behave moderate and if they do not go astray into
wrong paths; they can obtain the justice. When the equilibrium of the
Scale is disturbed the justice disappears. Humans can not even get their
most natural rights. When the oppressors in the society take the power in
their hands the oppressions increase. The power and the authority must be
under the command of justice. In this case the superiority of the Law can be
obtained and humans can easily reach their rights. The powers which
considers themselves over the law, destroys the comprehension of justice.
According to Islam, all people do not have superiority over eachothers
because they come from same parents. Everyone is equal from the birth.
Superiority can be possible only with the fear of Allah (Taqwa). The most
honored one in the sight of Allah is (he who is) the most righteous of one.
(Chapter Hujurat, 49/13.)
One of the points attracts
attention that, Allah states that His word (The Holy Quran) is complete
either from the point of truth or justice. If so, being just and truthful
can be materialized by obeying His word (The Holy Quran).
The measure of real justice according to The Holy Quran is obeying the
right. (Chapter A’raf,
7/159.) Justice is
carried out by doing what right requires, giving the right to whom it
belongs, not leaving to adjudge with right, taking the right as scale in
every issue, defending the rights of everything and everyone.
While Islam orders the Justice for reaching the rights to their place, it
states that The Divine Justice will also give the rights to everyone and
unjustice will not be applied for noone in hereafter. (Chapter
Enbiya, 21/47.)
Justice in Hereafter
“The balance that day will be true (to a nicety): those whose scale (of
good) will be heavy will prosper. / Those whose scale will be light will
find their souls in perdition for that they wrongfully treated our signs ” (Chapter
A’raf, 7/8-9.)
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