Assalam oalaikum,
Allah (swt) says in the Holy Quran:
‘Surely We have revealed the book to you with the truth that you may judge between people by means of that which Allah has taught you, and be not an advocate on the behalf of the treacherous’. (TMQ-4:105)
Prophet Mohammad (saw) had implemented complete justice in the administration during his lifetime. His fair and impartial judicial system was in line with the Quranic Commandments regarding justice.
In this post I shall discuss about justice in Islam in the light of the Quranic verse 4:105, the background of which is a theft case. In the Bani Zafar clan of the Ansar there was a man named Tama’h or Bashir-bin-Ubairiq who had stolen an armor of another Ansari. When this news leaked he got scared of punishment and he cunningly threw that armor into the house of a Jew. Following this he gathered some men from the Bani Zafar clan and went to Prophet Mohammad (saw) and told him that so and so Jew has stolen the armor. The Jew came before Prophet Mohammad (saw) and pleaded innocence. He said that he had not stolen the armor. Instead, it had been thrown into his house. However, the people from the Bani Zafar clan and Tamah were clever and they kept accusing the Jew of theft. Prophet Mohammad (saw) was almost convinced about the innocence of Tama’h and he was about to accuse the Jew of stealing the armor when Allah (swt) revealed the Quranic verse 4:105.
This verse shows that Allah (swt) assists His Messenger through intervention. As a judge, Prophet Mohammad (saw) could have convicted the innocent Jew because of the cunning ploy of Tama’h and some of his supporters from the Bani Zafar clan. If this would have happened then an innocent person would have been punished and a wrong-doer would have been left scot-free. Therefore, in order to avoid this injustice at the hands of Prophet Mohammad (saw) Allah (swt) Himself intervened in the matter and stopped Prophet Mohammad (saw) from passing a wrong judgment. Through this verse Allah (swt) has enlightened Prophet Mohammad (saw) about the treachery of Tama’h who was the offender but who tried to accuse an innocent Jew through smooth-talk and cunning tactics.
Thus, Justice prevailed ultimately when Prophet Mohammad (saw) acquitted the innocent Jew.
This verse proves that Islam propagates equality before law and it does not differentiate between the litigants on grounds of their religion. The lawyers or attorneys working in the present day Islamic courts should strictly adhere to these Islamic rules so that impartiality in the judicial system can be completely restored. It is the responsibility of every lawyer of the Islamic courts to send the message across that nobody is above the law.
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amel soname
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