Justice is a lofty Islamic value and a purpose of Sharia. It is also one of the names of Allah, and the universe operates on justice. The heavens and the earth were not created, the books were not revealed, and the messengers were not sent except to establish justice. “We have already sent Our messengers with clear evidences and sent down with them the Scripture and the balance that the people may maintain [their affairs] in justice” (Quran 57:25).
Justice has several meanings: it is what is established in souls as straight, it is ruling with truth without bias or motive, it is fairness, integrity, rectifying something when it deviates, and striking a balance between excess and deficiency. In these related meanings, the use of the word justice revolves in Arabic language, while its opposite is injustice; either putting something in the wrong place or causing undeserved harm, both of which are impermissible in the sight of Allah because Allah does not misplace things nor does He punish anyone unjustly.
Justice encompasses all material and moral aspects, including transactions among humans as well as moral values and virtues. Ibn Taymiyyah said: "Every good is included in justice, and every evil is included in injustice. Therefore, justice is obligatory in everything and for everyone, while injustice is forbidden in everything and for everyone. It is never permissible for anyone to cause injustice, whether they are Muslim or non-Muslim, whether they are the oppressor or the oppressed." From this, it is understood that justice is a dominant and governing value over other values, as it encompasses all the commands and prohibitions of religion; whatever Allah has forbidden is linked to injustice, and whatever He has commanded is linked to justice.
Justice is Comprehensive: Encompassing Material and Moral Aspects Including Human Transactions, Values, and Virtues
The world's affairs, in the eyes of Sharia, cannot be upright except through justice. Justice extends to blood, wealth, lineage, goods, and honour. Hence, Sharia legislated retribution and punishment for aggressors through fair judiciary. "By establishing justice in judiciary and governance, the conditions of the subjects are improved, the means are secured, the oppressed are vindicated, people receive their rights, living standards improve, obedience is fulfilled, well-being and safety are provided by God, religion is upheld, and laws and regulations run their course," as stated by Ibn Khaldun.
Since justice can only be achieved through judiciary, Islamic scholars have exerted great effort in attempting to translate the Quranic concept of justice into a set of tangible procedures through the judicial institution, which resolves disputes between litigants, surrounded by guarantees to ensure the implementation of justice. This has made it a unique institution unlike any other judicial institution in other nations and civilizations.
Guarantees of Justice
The first guarantee among the guarantees of justice is the wide variety of Islamic punishments, which are proportional to the nature of the crime without excess or deficiency. This diversity has no parallel in judicial systems until our present day. Rudolf Peters, in his book "Crime and Punishment in Islamic Law," enumerates 13 Islamic punishments, listed from least to most severe: admonition, reprimand, public disgrace, exile or banishment, imprisonment, flogging, amputation of the right hand, amputation from the opposite side, retaliatory punishment (injury or mutilation of the perpetrator if they deliberately harm someone in a similar manner), and three forms of capital punishment (retaliatory killing, stoning, and crucifixion).
Islamic Scholars Transformed the Quranic Concept of Justice into a Set of Tangible ProceduresTop of Form
In addition to those specified punishments, there are other complementary punishments in Sharia, and their number is few. These include the punishment for the slanderer whose testimony is not accepted, and there is also what is called 'discretionary punishment,' which is a punishment authorized to the judge when it is impossible to prove the accusation using the customary methods of Islamic legal proof, or when a crime is committed that does not fall within the definitions of Islamic crimes. In such cases, the judge has the right to select one of the aforementioned punishments and apply it to the guilty party.
One of the guarantees of justice is the jurisprudential principles, including the principle that 'rights do not expire with the passage of time.' According to this principle, the rightful owners have the right to judicially claim their rights regardless of how much time has passed, whenever they are able to do so, even if the statutory period for filing the claim has elapsed. Another principle is the permission to annul coerced contracts such as sales, purchases, gifts, etc., after the cessation of legal coercion. If the coerced party dies, the right to annulment passes to their heirs. Additionally, there is the rule that testimony of employees in favour of their employers is not accepted in lawsuits, and other such rules that regulate judicial practice and ensure justice.
However, these rules alone would not ensure justice without the principle of the independence of the judiciary from the other authorities in the state. This independence comes in two forms:
- Internal self-independence, which aims to separate the judiciary from the judge's personal biases that may compromise justice. It includes the integrity of the judge in their personal, ethical, and religious attributes, freeing them from fear and need. The self-independence of the judge, not explicitly stated in the laws, leads to the independence of the entire judicial system because it stems from the conscience of the judge and their adherence to the provisions and principles of Sharia.
The First Guarantee of Justice: Wide Variety of Islamic Punishments Proportionate to the Nature of the Crime
- External Independence; relates to preventing non-judicial interference and influence on the judge. It includes functional independence, meaning the judge performs their judicial duties without interference from any party or influence, and structural independence; meaning the separation of the judiciary as a separate authority from the rest of the authorities.
Islamic scholars have established guarantees to ensure the independence of the judiciary. These include setting criteria, both personal and ethical, for those assuming judicial roles, restricting judicial appointment to the Imam or his appointed representatives, prohibiting the transfer of cases from their jurisdiction without valid reasons, allowing the removal of a judge only upon his request or based on legitimate legal grounds, forbidding the annulment of a judge's ruling by any authority, even the ruler, as the validity of a judicial ruling remains intact unless it contradicts a legal text, consensus, general principles, prohibiting judges from hearing cases in which they or their relatives are involved, and prohibiting the granting of gifts or favours to judges. These guarantees collectively ensure the realization of independence in both its forms.
Islamic jurists have debated the issue of the ruler's interference in the judge's work, considering it sinful. They argued based on the Islamic principle that "there is no obedience to a creation in disobedience to the Creator." They emphasized that obedience to the ruler is only valid in matters that are not sinful; if the ruler commands sin, then obedience is not required. They also asserted that if the ruler insists on interfering despite the judge's objection, the judge must resign to preserve their independence because they cannot relinquish it since it is not their personal right but rather a right of Allah that cannot be waived.
The rules alone would not guarantee justice without the judiciary's independence from the other authorities in the state.
The independence of the judge does not preclude monitoring of his actions and reviewing his conduct. It is permissible for the ruler to demand that he not delay lawsuits without justification, and to review his cases and judgments. If it becomes apparent that he has erred in some of them, some jurists allow for his removal. If oversight falls short of achieving its goal of monitoring judges and evaluating them, and if some of them make mistakes, Sharia permits filing complaints. One of the litigants in the lawsuits may complain about the bias of his judge towards his opponent or the existence of previous enmity with him or other matters. He must raise his complaint to the ruler who will consider it, and if the judge's injustice and oppression are proven, he must be punished or removed.
In summary, justice is one of the purposes of Sharia, and the judiciary has been able to embody it procedurally by dedicating itself to the principle of independence from the executive authority and applying guarantees to ensure the application of equality and justice between litigants.
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