The concept of justice is one of Islamic thought's central themes, both in foundational texts and in various Islamic arts and sciences. Justice is mentioned in the Quran in multiple contexts, with varying implications depending on the specific context. These contexts include general commands, ascribing justice as an attribute of Allah, His actions, sayings, laws, and revealed books. Additionally, justice is specifically commanded in detailed matters, such as in judiciary affairs, disputes, among women, and in the care of orphans. Justice is also specifically mentioned in governance and public administration, with common phrases like “policies of justice,” “rulings of justice,” and “justice in the monarch’s policies.”
The root of the word justice in Arabic means to straighten or to balance and indicates two opposite meanings: one denotes straightness, and the other crookedness. As a noun, it signifies the opposite of injustice, implying what is perceived as straight and correct. In its terminological sense, justice means adherence to truth, or delivering due rights, and settling others' rights. Justice is defined as giving and taking what is due, and is also described as the middle ground between excess and deficiency.
Despite the clarity of justice as a concept and its apparent straightforwardness in individual rights and personal disputes, defining political justice accurately is complex both theoretically and practically. Some have attempted to define it as ruling by truth or judging according to the Book of Allah and the Sunnah of His Prophet, rather than by mere opinion.
Scholars like Al-Ghazali, Al-Shirazi, Ibn Khaldun, and others have tried to define it theoretically and practically on various levels, such as self, counselors, and subjects. Al-Ghazali, for instance, identified ten principles for justice and fairness in governance, which include recognizing the responsibility and gravity of authority, seeking the counsel of scholars, guiding one's officials and deputies away from injustice because he will be accounted for their injustice, leaning towards leniency in anger, practicing generosity, treating oneself equally with the subjects, not despising the needs of the people, abstaining from indulgences, and striving for the subjects’ satisfaction within the bounds of Sharia.
Then he concluded by saying, “In general, anyone who wishes to uphold justice for the people should organize his servants and workers towards justice, safeguard the conditions of the subjects, and consider them as he would his own family and home. This cannot be achieved unless he first preserves justice within himself. This means not allowing his desires and anger to dominate his reason and faith, nor making his reason and faith captives to his desires and anger. Instead, he should make his desires and anger captives to his reason and faith.”
Why is Justice the Foundation of Governance in Islam?
Firstly, the divine origin of general authority over Muslims comes from Allah, the supreme ruler, who delegated this authority to the Prophet Muhammad (peace be upon him) and then to his successors; “Obey Allah, and obey the Messenger, and those in authority among you.” (An-Nisaa: 59) Thus, when Abu Bakr was chosen as Caliph, he addressed the Muslims, saying, “Obey me as long as I obey Allah and His Messenger. If I disobey Allah and His Messenger, I have no right to your obedience.”
This acknowledges that his authority and power over Muslims derive from Allah, who holds ultimate sovereignty over His servants. This authority exists to ensure the implementation of Allah's commandments, fulfill rights, and safeguard society and individual freedoms; thus, it is closer to a social function bound by maintaining the societal order according to Allah’s will. Therefore, justice is the foundation of governance because its existence is due to divine delegation, and Allah is Just. It's also a delegation that helps the governor obey Allah and follow His guidance.
Additionally, in his speech after being pledged allegiance to, Abu Bakr said, “O people, I have been appointed over you, though I am not the best among you. If I do well, help me; if I do wrong, set me right. Truthfulness is integrity; falsehood is treason. The weak among you is strong in my eyes until I return his right to him if Allah wills. The strong among you is weak in my eyes until I take the right from him if Allah wills.” This statement underscores that the ruler is not inherently superior but is exceptional due to their role, coupled with responsibilities that balance their powers. This societal engagement ensures constant vigilance and accountability, essential for justice.
This accountability requires transparency and scrutiny, meaning society needs mechanisms to accurately and thoroughly know what is happening within the state and the policies adopted by the ruling elite. This transparency is the first step in establishing clear accountability mechanisms, thus supporting societal engagement in assisting and correcting the ruler. This societal support helps the ruler implement justice, transforming the balance of social power, where justice becomes the standard, preserving society and maintaining its order.
In contemporary times, despite the rich heritage of justice and legitimate governance in Islamic heritage, all Muslim countries have corruption, transparency, and democracy indices. Despite the criticisms of these indices, they reflect a real deterioration in justice and governance in the Muslim world. It is going through an irrational state that completely contradicts all the standards of good governance. Therefore, current governance models lack national projects contributing to the formation of a political entity with meaningful goals.
Current governing models lack any sense of public interest, with no mechanisms for oversight and accountability, leading to monopolization. Without justice and proper governance, societies fall into oppression and stagnation, where rulers monopolize power, avoid accountability for crimes or failures, and result in widespread injustice, turning countries into complete darkness with crumbling structures, inevitably leading to ruin.
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