Sunday, March 31, 2013

JUSTICE IN ISLAM (AN INTRODUCTION)

Assalam oalaikum,

We are all well-versed with Allah (swt)’s Trait of being Merciful as it has been oft mentioned in the Holy Quran. One of the beautiful names of Allah (swt) Al-Rahim also means Merciful. In a hadith (Tirmidhi) Abdullah bin Umro-bin Aas (ra) reported that Prophet Mohammad (saw) said, ‘Those who have mercy will receive the mercy of the Most Merciful. Have mercy on those who are on earth and the One in Heavens will have mercy on you’. So Allah (swt) is All-Merciful and He also encourages us to show mercy towards one another.

Likewise, another Trait of Allah (swt) is of being All- Just, as is evident by His name Al-Adl, which means the All-Just. Allah (swt) is Just in His Creation, Legislation, and Retaliation. Allah (swt) says in a hadith Qudsi, ‘I have forbidden injustice for Myself and have made it forbidden amongst you, so do not oppress one another’. The Holy Quran has given us the message of justice and peace.
So just like Allah (swt) is Merciful and encourages us to show mercy towards one another, likewise Allah (swt) who is All-Just, commands us to behave in a just and fair way towards one another.

The Holy Quran teaches us how to establish justice in the society through its numerous verses, which I shall discuss in detail in my subsequent posts.
It is only when justice prevails in a society that it gets rid of all kinds of oppressions, everybody gets what is rightfully theirs and nobody is wronged. In my blog: HYPERLINK "http://lawsinislam.blogspot.in/2012/12/the-background-of-islamic-law-on.html" http://lawsinislam.blogspot.in/2012/12/the-background-of-islamic-law-on.html , I have discussed the Islamic law, which is based entirely on the Holy Quran and the ahadith. The Divine Islamic law is comprehensive and it encompasses all the aspects of a person’s life. Just like Islam, the Islamic law is also meant for all the times and not for any particular era. It is not meant to be transformed or modified to make adjustments with any kind of transformation in the ever-changing, man-made society. On the contrary, the followers of Islam are expected to follow the Islamic law despite the socio- economical, political, scientific, technological or environmental change. In other words, people need to adjust according to the Islamic law rather than trying to make changes in it because the Islamic law is Divine and nobody has the right to meddle in the Divine matters.

The Islamic law is the Command of Allah (swt) and it is meant to be implemented for the betterment for the society, by and large. In order to benefit from the Islamic law, which is based on equality and justice, first and foremost, we need to implement it in our lives and follow it practically. Mere theoretical knowledge about the Islamic law will be of no good if we do not actually put it into practice. Hence, in order to get justice we should not hesitate to approach the Islamic courts which have lawyers/attorneys trained in the Islamic law.  


Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

VIEWS OF SOME OF THE GREATEST MUSLIMS ON JUSTICE


Assalam oalaikum,

In this post I shall discuss about the remarks on the principle of justice by some of the greatest and noblest Muslims. Their views on this topic will help us to understand how important the virtue of justice is in Islam and also how significant is the independence and impartiality of the judiciary in Islam.

Imam ar-Rida (ra) has remarked, ‘The application of justice and charity is a mark of continuation of graces’.
Imam as-Sadiq (ra) has remarked, ‘Justice is more delicious than honey, softer than butter and more fragrant than musk’.
 Imam al-Qurtubi (ra) has remarked, ‘Justice is the basis of all human relationships and a foundation of Islamic rule’.
Hazrat Abu Bakr (ra) said, ‘In the matter of justice all should be equal in your eyes’.
Imam al-Mawardi (ra) said, ‘One of the things which reforms worldly matters is the principle of distributive justice. It brings about friendly relations between the people, obedience to the Divine Law and prosperity to a country. Justice forms the basis of thriving economies, strong families and stable government. Nothing ruins the land nor corrupts the mind faster than despotism. This is because there are no acceptable limits (to regulate despotism)’.

Prophet Mohammad (Saw) has been an epitome of justice and fair play throughout his lifetime. His successors had also ascertained that the independence and impartiality of the judiciary was maintained.
Hazrat Ali (ra), the fourth Caliph of Islam, was a great jurist and scholar. His lectures and treatises are greatly valued for their contents and have become the subject of study in the Islamic learning centers. Hazrat Ali (ra) had written a letter to the Egyptian Governor which has been regarded as a basic guide in Islamic government. Hazrat Ali (ra)’s letter emphasizes the importance of justice in Islam and also highlights the impartiality of the judiciary in Islam.
Here is a part of the translated version of Hazrat Ali (ra)’s letter to the Egyptian Governor:
“Maintain justice in administration and impose it on your own self and seek the consent of the people, for the discontent of the masses underlines the contentment of the privileged few and the discontent of the few loses itself in the contentment of the many. Remember, the privileged few will not rally around you in the moments of trouble, they will try to side-track justice, they will ask for more than they deserve and will show no gratitude for the favors done to them. They will feel uneasy in the face of trials and they will not regret their weaknesses. It is the common man who is the real strength for the State and the Religion. It is he who fights the enemy. So live in close contact with the masses and be mindful of their welfare. Select for your chief judge the person who is the best amongst your people- the one who is not obsessed with domestic tensions, one who cannot be intimidated; one who does not make mistakes often, one who does not deviate from the right path after he discovers it, one who is not greedy or selfish, one who does not take a decision hastily before knowing all the facts, one who will carefully consider every attendant doubt, and will pronounce a verdict after taking everything into consideration; one who will not become restless due to the arguments of the advocates and who will examine patiently every new disclosure of facts and who will be strictly impartial in his decision, one who will not be mislead through flattery and one who does not exalt himself for his position. But it is not easy to find such men. Once you have chosen the right men for the office then pay him handsomely enough so that he may live in comfort and in keeping with his position, enough to keep him above temptations. Give him a position in your court so high that none can even dream of coveting it and so high that neither back-biting nor intrigue can affect him’.

The instructions given by Hazrat Ali (ra) to the then Egyptian Governor, Malik Ashtar, are the need of the hour also. In these modern times, we need to practically implement the guidelines laid down by Hazrat Ali (ra) in his famous letter so that every judge, lawyer or attorney who practices in an Islamic court can uphold the noble Islamic tradition of maintaining a fair and independent judicial system.


Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

PROPHET MOHAMMAD (SAW) ACQUITED A JEW AND CONDEMNED A MUSLIM


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.

Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

AN ASSORTMENT OF AHADITH ON JUSTICE


Assalam oalaikum,

In this post, I have mentioned the ahadith which are related to the topic of justice in Islam. The ahadith echo the Quranic injunctions thereby helping us to understand the Islamic rulings better.

Prophet Mohammad (saw) said, ‘Those who act justly will be seated upon pulpits of light before Allah. They will be those  who are just in their decisions, in matters pertaining to their family and in all that is referred to them’. (Saheeh Bukhari)
 ‘There are seven groups of people whom Allah will shelter on the Day when there will be no shade except His. (One is) the just leader. (Sahih Muslim)
Prophet Mohammad (saw) said, ‘Surely the most beloved of the people in the Sight of Allah and closest to Him in regard to position, on the Day of Resurrection, will be a just leader and the most hated of the people in the Sight of Allah and farthest removed from Him on the Day of Resurrection will be a tyrannical leader.’ Hadith
Prophet Mohammad (saw) said, ‘On the Day of Judgment rights will be given to those to whom they are due (and the wrongs will be redressed)’. (Muslim 2582 and Musnad 7163)
Allah’s Apostle said, ‘For every day on which the sun rises, there is a reward for the one who establishes justice’. (Sahih Bukhari)
Numan b. Bashir (ra) reported that Allah’s Apostle (saw) said, ‘Call me not as a witness to an injustice’. (Sahih Muslim)
Narrated Abu Sa’id al- Khudri that Prophet Mohammad (saw) said, ‘the best fighting in the way of Allah is (to speak) a word of justice before a tyrant.’ (Abu Dawood)
Narrated Umm Salamah, Ummul Mumineen, ‘Prophet Mohammad (saw) never went out of my house without raising his eye towards the sky and saying, ‘O Allah! I seek refuge in Thee lest I stray or be lead astray, or slip or made to slip, or cause injustice or suffer injustice or do wrong or be wronged. (Abu Dawood)

These ahadith clearly show that the principle of justice is an integral part of Islamic ideology. Islam is a religion of peace and peace cannot be established in a society unless and until the people get justice. Peace and justice go hand by hand so one of them cannot exist without the other. The Islamic law is a comprehensive one and it protects us from all kinds of injustice related to matters such as marriage, inheritance, divorce etc. The Muslims countries have their own Islamic courts whereas the non-Muslims countries also have a parallel Islamic judicial system, which caters to the Muslims living in those countries. It is the duty of every Muslim to make Islamic law a part and parcel of our lives and a governing force in our lives if we want real justice. Getting swayed by the so-called modern ideas and fads or just about anything which does not confirm to Islamic philosophies is like moving away from reality and living in an illusion. Because ultimately, it is the Goodwill of Allah (swt) which has to be the aim of every Muslim and this is possible only if we keep in touch with the reality, i.e. the reality about the temporary nature of this worldly life, the reality of our being answerable to Allah (swt) for each deed of ours on the Day of Resurrection and the ultimate reality of our eternal abode in Heaven and Hell, depending on our thoughts, words and deeds.
Since the doors of justice are open to all of us Muslims, whether we reside in a Muslim country or in a non-Muslim country, therefore we should try to avail justice through the various skilled lawyers/ attorneys who serve in the Islamic courts and solve our problems in the light of Quran and ahadith.

Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

QURANIC COMMANDMENT FOR DISPENSING JUSTICE


Assalam oalaikum,

Allah (swt) says in the Holy Quran:
‘O ye who believe, be maintainers of justice and be bearers of witness for 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’. (TMQ-4:135)

In this Quranic verse Allah (swt) Commands the believers to maintain justice and to give true testimony, irrespective of the fact whether a person’s parents or kith and kin may bear a loss. This is because nobody is above the law. This verse also teaches us that law should remain the same for the rich and the poor alike. A rich man should not be dealt with leniently due to his wealth. On the other hand the poverty of a litigant should also not stop the judge from speaking the truth and passing the right and just verdict. A person should not allow his own selfish desires, mutual dissent or animosity to stop him from imparting justice. A person who bears testimony should also avoid distortion of facts as well as fabrication of any kind.
This verse categorically states that justice has to be imparted at any cost and the Muslims are expected to co-operate with each other in the dispensing of justice. The crux of this verse is the sole aim of the judge should be to obtain the Goodwill of Allah (swt). This is because if Allah (swt)’s Goodwill is one’s main goal then the verdict will be absolutely just and impartial as it will be not be influenced by one’s personal desires, animosity towards anyone or other such factors. If a Muslim has to judge his own parent’s or close relative’s, so instead of using his position, power and resources to get them acquitted (despite their being offenders) a true Muslim is expected to behave impartially and get them convicted, if they have wronged someone.  
Unfortunately, what we witness in today’s world is diametrically opposite of what Islam has taught us. Power play seems to be at its best and it seems as if the law caters only to the rich and the influential. However, the Divine Islamic law provides a solution to all the problems of humanity if it is seriously implemented. If each Muslim understands the value of Islamic Laws then he may find a plethora of expert lawyers and skilled attorneys out there in the Islamic courts to help him out in the light of the Glorious Quran.

Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

PROPHET MOHAMMAD (SWT) IS AN EPITOME OF JUSTICE


Assalam oalaikum,

Allah (swt) says in the Holy Quran:
‘O you who believe, stand out firmly for Allah and be just witnesses and let not the enmity and hatred of others make you avoid justice. Be just, that is nearer to piety and fear Allah. Verily Allah is Well- Acquainted with what you do’. (TMQ-5:8)

In this Quranic verse Allah (swt) has enjoined upon the Muslims to dispense justice and to bear true testimony. Personal enmity and angst should not stand in the way of carrying out justice. Every Muslims is supposed to be fair and just in his dealing with others. The verdict should not be based on colored opinions. No amount of pressure or bias should influence the verdict.
Hazrat An-Numan bin Bashir narrated that his father gifted him a slave but his mother said that he should take the approval of Prophet Mohammad (saw) first. So his father took him to Prophet Mohammad (saw) and said, ‘I have given this son of mine a slave’. The Prophet (saw) asked, ‘Have you given all your sons this gift? Hazrat An-Numan bin Bashir’s father replied in the negative. Prophet Mohammad (saw) said, ‘Take back your gift then’. (Sahih Bukhari 770). This hadith shows us how fair and just Prophet Mohammad (saw) was and how much importance does the principle of justice hold in Islam. Islam is based on justice and all the Islamic laws impart justice.
In another hadith Hazrat Abu Huraira(ra) relates the Prophet Mohammad (saw) said, ‘Truly everyone will get their rights on the Day of Judgment, even a wrong done by a horned goat to a hornless goat will be redressed’. (Sahih Muslim) Hence, Allah (swt) the All-Just, expects us to behave in a just manner on this earth so that nobody is deprived of their rights and peace prevails in the society.  
A lawyer and judge, who serves in the Islamic courts, can settle cases related to marriage, divorce etc in a quick and economical way. In some Islamic courts the lawyers/attorneys solve as many as 1000-1500 cases annually. These lawyers and judges dispense justice which is based on the Quranic rulings and ahadith.
To sum up, just theoretical knowledge of Islamic laws without practical implementation would not be of much use. So we should make it a point to understand how significant the Divine Islamic law is in the life of a Muslim. The need of the hour is that we should strictly adhere to the Divine Islamic law so that we do not go astray and earn Allah (swt)’s Goodwill.

Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

EQUALITY BEFORE THE LAW IN ISLAM


Assalam oalaikum,

‘Surely Allah enjoins the doing of justice and the doing of good (to others) and giving to relatives and forbids immorality and bad conduct and oppression. He admonishes you that perhaps you will be reminded’. (TMQ-16:90)

In this verse the Arabic word ‘adl’ has been used which commonly means to dispense justice. Allah (swt) has Commanded the Muslims to impart justice irrespective of the fact whether the litigants are one’s close relatives or strangers, rich or poor and influential or insignificant. A Muslim is not expected to pass an unfair judgment based on one’s own personal likes or dislikes. The judgment should be completely fair and not influenced by factors such as enmity, animosity; close bond with the litigant or love.


In another Quranic verse Allah (swt) says:
‘Indeed we have sent our Messengers with clear proofs, and revealed with them the Scripture and the Balance (justice) that mankind can keep up justice..’(TMQ-57:25)

This verse throws light on the mission on which the Messengers of Allah (swt) were sent on earth. The objective has been to establish both individual and collective justice one earth. The Messengers had been equipped with clear signs, the Holy Scripture and the balance or justice in order to put to an end the oppression in the world and for the establishment of the high ideals of justice and peace. Their aim was to establish a society in which all the ranks are equalized and everyone is considered equal before law. So the law is the same for everyone in Islam and everyone is same before the law. The law does not change to suit the needs of the rich, the powerful or the influential people. The law does not become stricter while dealing with the poor and neither does it become lenient while dealing with the affluent. Prophet Mohammad (saw) did not consider even himself or his family above the law. This is evident by the following hadith:
Hazrat Ayesha (ra) narrated that Usama approached the Prophet (saw) on behalf of a woman, who had committed theft. Prophet Mohammad (saw) said, ‘Verily the people before you were destroyed because they used to inflict the legal punishments of the poor and pardon the rich amongst them. By Him in Whose Hand my soul is! If Fatima (the daughter of the Prophet) did that (i.e. stole) I would cut off her hand’. (Sahih Muslim vol-8,book 81, no.778)
The trained lawyers/attorneys who work in Islamic courts to dispense justice are well-versed with the Islamic principles of equality before law.  Therefore, if we as Muslims understand the importance of the Islamic laws then we will definitely avail it, whenever required.


Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

QURAN COMMANDS JUSTICE TOWARDS THE PEACEFUL POLYTHEISTS


Assalam oalaikum,

Allah (swt) says in the Holy Quran,
‘Allah does not forbid you respecting those who have not made war against you on account of (your) religion, and have not driven you forth from your homes, that you show them kindness and deal with them justly, surely Allah loves the doers of justice’. (TMQ-60:8)

In this verse, there is a Commandment regarding those polytheists who do not nurture enmity with the Muslims on the basis of religion. Allah (swt) has Commanded the Muslims to behave in a just and helpful way with the polytheists on three conditions. Firstly, the polytheists should not show hostility towards the Muslims because of Islam. Secondly, the polytheists should not behave with the Muslims in a hostile manner to the extent that the latter are compelled to abandon their homes and migrate to some other place. The third condition is that the polytheists should not conspire with the enemies of the Muslims and they should not help them in terms of weapons or advice. If these three conditions are met than the Holy Quran commands the Muslims to treat even the polytheists with mercy and justice. Since such people despite being polytheists are harmless so Allah (swt) the All-Just Commands the Muslims not to behave with them in an unjust way.
Here is a hadith which also shows that even the polytheists should be treated with compassion and justice if they deal with the Muslims in a peaceful way.
‘It has been reported on the authority of Asma Binte Abi Bakr (ra) that she came to Allah’s Apostle (saw) and said, ‘O Messenger of Allah! My mother who is a polytheist (mushrik) has come to visit me and she desires to be close to me and give me gifts. Shall I greet her and treat her well? The Prophet (saw) replied, ‘Greet your mother and treat her well’. (Sahih Muslim)
The above mentioned Quranic verse and hadith show that Islam and justice are synonymous as all the Quranic rulings aim to establish a just society where peace and equality prevails.

Not only is the judicial system of Islamic based on justice but the Islamic courts also provide speedy justice as opposed to the western law courts. Apart from dispensing justice impartially the Islamic courts provide a great benefit of saving much time and cost of the plaintiff, defendant, lawyers, attorneys and the judge.

Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

THE CASE OF HAZRAT ALI (RA) VERSUS JEW


Assalam oalaikum,

Allah (swt) says in the Holy Quran,
‘And the Word of your Lord has been accomplished truly and justly; there is none who can change His words and He is the Hearing, the Knowing’. (TMQ-6:115)

In this Quranic verse Allah (swt) says that His Word is based on the absolute truth in terms of incidences and information and it is absolutely just in terms of its Commandments and the practical solutions it offers for all the problems of the humanity. Each and every fact mentioned in the Quran is based on justice. What the Quran has commanded is beneficial for the mankind and what it has condemned is detrimental for the mankind. It is unfortunate that some people do not understand this due to their ignorance or under influence of satanic whispers. The Word of Allah (swt) cannot be changed because there is nobody who is more supreme than Allah (swt).
There are many incidences in which the unfaltering justice practiced by Muslims has left many astounded. In one such incident Caliph Hazrat Ali ibn Abi Talib (ra) once lost his armor. After some time he found his armor in a Jew’s possession and he instantly recognized it. Hazrat Ali (ra) had to take the matter to the court because the Jew refused to return Hazrat Ali (ra)’s armor. The judge, who was supposed to settle the dispute, was quite an experienced and honest man and he was well-known for settling cases regarding Islamic jurisprudence. When Hazrat Ali (ra) was asked to produce witnesses to substantiate his claim he presented his slave and his two sons. The judge refused to accept the testimony of Hazrat Ali (ra)’s two sons. So due to lack of enough evidence the verdict was passed in favor of the Jew and the armor was handed over to him. The Jew was astonished and said that the Amir-ul-Momineen of the Muslims had brought him to a court of a judge who was appointed by the Caliph himself. Despite this the judge passed a verdict against the Caliph and the Caliph accepted his verdict without any resistance.
The Jew accepted the truth that the armor belonged to the Caliph. The Jew had stolen it when he found it somewhere. Not only did he return the armor to Hazrat Ali (ra) but also embraced Islam by saying, ‘I testify that there is no God except Allah and Mohammad is His Messenger’. Hazrat Ali (ra) gifted his armor and his horse to the Jew.
This case depicts that justice in Islam is based upon the high ideals of equality and honesty. The same standards should be maintained by every lawyer/attorney serving in the present day Islamic courts which function in the Islamic countries and also as a parallel judicial system in the western world. The judges, lawyers or attorneys of the present age Islamic courts are expected to maintain the high standards set by the Islamic courts of the yesteryears so that the Islamic law does not lose its glory.

Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

THE LAW OF EQUAL REVENGE IN ISLAM


Assalam oalaikum,

Allah (swt) says in the Holy Quran,
‘O you who believe, retaliation is prescribed for you in the matter of the slain, the free for the free, and the slave for the slave, and the female for the female but if any remission is made to anyone by his (aggrieved) brother then prosecution (for the blood wit) should be made according to the usage; and payment should be made to him in a good manner, this is an alleviation from your lord and a mercy so whoever exceeds the limits after this shall have a painful chastisement’. (TMQ-2:178)

During the period of Jahilliyah, lawlessness and indiscipline was rampant in the society. Therefore, the powerful tribes used to inflict injustice upon the weaker tribes in whatever way they wished. One form of injustice and cruelty that prevailed during those times was that if a man from a powerful tribe got killed then, in retaliation, his tribesmen used to kill not only the murderer from the weaker tribe but many other of his tribesmen. In some cases, the powerful tribe used to take revenge of the murder by wiping out the entire tribe of the murderer. Islam brought to an end this injustice. In the verse 2:178, Allah (swt) put to an end this cruelty, injustice and barbarism and said that it is only the murder who is supposed to be killed in revenge. If the murderer is a freeman then the same freeman, if the murderer is a slave then the same slave and if the murderer is a woman then the same woman will be killed in revenge. The unfair custom of killing a slave instead of a freeman, a woman instead of a man or many men instead of a single man was thus brought to an end. This means that if a man kills a woman then it is the man who will be killed in revenge and not some woman. To put it simply, just the murderer can be killed according to the Islamic law and not some other innocent people, as was prevalent during the Jahilliyah period.
In case the victim’s heirs pardon the murderer to obtain Allah (swt)’s Goodwill or in return of financial compensation, then the murderer is expected to pay the money to the victim’s heirs respectfully. Since the victim’s heirs oblige the murderer by pardoning him so it is enjoined upon the murderer to oblige the victim’s heirs too.
This verse lays down the law of equal retaliation in a clear cut manner. Hence, if someone transgresses the limits set by this verse and kills the murderer even after the matter regarding the compensation money has been settled or the money has already been taken then this will be considered to be a punishable offence in the Eyes of Allah (swt).
So in light if this verse, we can conclude that Islam brought about a positive change in the society and it put to an end the barbarism, through its perfect laws.
We, as Muslims should be proud of the fact that not only are the Quranic rulings perfect and fair but the justice dispensed by the Islamic lawyers, attorneys and judges is swift, economical and fair as compared to the western courts where there are often long-drawn battles in the courts.

Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

THE KEYS OF KA’ABA WERE RETURNED TO THE SAME PERSON -AS A SIGN OF JUSTICE


Assalam oalaikum,

Allah (swt) says in the Quranic verse 4:58,
‘Surely Allah doth Command you to render back your Trusts to those whom they are due; and when ye judge between people, ye judge with justice’.


This verse is specifically related to Hazrat Usman bin Talha (ra) who was the key-bearer of Ka’aba. After the conquest of Mecca when Prophet Mohammad (saw) came to Ka’ba shareef he completed the circumambulation. After this he summoned Hazrat Usman bin Talha (ra) (who had accepted Islam after the treaty of Hudaibia) and after returning to him the keys of Kaa’ba Shareef he said unto him, ‘O Usman! These are your keys. Take it.  This is a day of goodness and upholding promises’. Incidently, before Prophet (saw)’s migration when Hazrat Usman bin Talha (ra) had nor embraced Islam, Prophet Mohammad (saw) wihed to enter Ka’aba. When he asked Hazrat Talha for the keys he not only refused to give the keys to the Prophet (saw) but also spoke to him disrespectfully. Prophet Mohammad (saw), who was quite optimistic about the victory of Islam in near future, spoke to him calmly and said ‘O Usman! A day will come when I hope you will find me having this key and the power of givi’.ng this key to anyone I wish’. Hence, after Prophet Mohammad (saw) actually handed over the keys to Hazrat usman (ra) after Prophet (saw) has conquered Mecca, he reminded Hazrat Usman of his earlier words. Hazrat Usman remembered that incident and (ra) said, ‘Yes, I witness that you are surely the Messenger of Allah’.
Though this verse was related to the above mentioned incident, specifically, yet the ruling mentioned in it is universally applicable. This verse addresses both the rulers as well as the subjects. The people are enjoined to hand over the possessions to those who have a right over it. This verse refers to those possessions which people keep in the custody of others for safety. The custodians are not expected to usurp other’s possessions. They should return it to the owners whenever they ask for it.
This verse also commands that the titles and posts should be conferred upon only those who rightfully deserve them. Posts given on the basis of political and family ties, hierarchy, close relationships or quota system are against the rulings of this Quranic verse. This verse categorically commands the rulers to behave in a just way. Prophet Mohammad (saw) said, ‘A ruler who is unjust deserves the Fire of Hell’. (Saheeh Muslim).

We should also make it a point to follow the Quranic ruling of returning the possession, which is in our custody, to its rightful owners so that justice can prevail. If there is any encroachment on anyone’s property or dishonesty on the part of a custodian, then we should not hesitate to approach the Islamic courts of justice. The competent lawyers, attorneys and judges who serve in such courts are well-versed with the Islamic laws, based on the Holy Quran and the ahadith.      


Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

ISLAM GIVES THE DISBELIEVERS A FAIR TRIAL TOO


Assalam oalaikum,

Allah (swt) says in the Holy Quran:
‘And for every nation is a messenger, and when the messenger comes, it will be judged between them in justice and they will not be wronged’. (TMQ-10:47)

This verse implies two things. Firstly, it shows that Allah (swt) has sent His Messengers for every nation. When the Messenger completes his mission in this world then Allah (swt) would do justice with them. This means that Allah (swt) would protect His Messenger and his followers and would destroy the rest of the nation. Allah (swt) destroys the disbelievers only after He has sent a Messenger for their guidance because He does not like to destroy them without giving them a fair trial. The judgment of Allah (swt) is Just and not tyrannical. It would have been unfair if the disbelievers were destroyed without being given the last chance to mend their ways. It is only when they disregard the Messenger of Allah (swt) and opposed him relentlessly that they incurred the wrath of Allah (swt).
The second implication of this verse is that it refers to the Day of Judgment. On the Day of Judgment when a nation will be presented before Allah (swt), then the Messengers; who had been sent to guide that nation, will also be by their side. Every body’s deeds will be recorded and the angels will be witnesses for every man’s virtuous and evil deeds.  In this way every nation and their Messenger will be dealt with complete justice on that Day.
To sum up, we can say that the advent of Islam was a boon to the society. The pre-Islamic society has been referred to as Jahilliyah period due to the darkness of ignorance which existed at that time. Lawlessness prevailed during that era due to lack of a common code of laws. The various tribes used to practice their own customs and traditions. Unjust practices like female infanticide were rampant and the status of the womenfolk was reduced to that of a slave. The women had no right to property or even the right to marry according to their wish. They were treated in a harsh and unjust way and would also be inherited (like a property) and forcibly married to their step-son, in case her husband died. Islam has put to an end all these atrocities inflicted on the weaker sections of the society by the affluent and powerful and brought justice for all.  
We should make an attempt to uphold the glorious traditions of Islam and uphold its ideals of equality, truth and justice. This can happen only when we incorporate the Islamic ideals into our lives practically.
The Islamic courts, which are centers of justice, can be approached by us if we feel that we are being deprived of our rights or are being wronged or oppressed. The Islamic judges, attorneys and lawyers have been successful in dispensing justice without any delays or hurdles because the laws, on which their verdicts are based, are Divine. Neither the litigants nor the lawyer/attorney dares to deviate from the Islamic laws. The laws are stable and are far above the need for amendments and modifications because nobody has the power to change the Laws of Allah (swt). Since the Islamic laws are flawless, universal and Divine so their implementation also does not need tedious and time-consuming procedures. As the adage goes ‘justice delayed is justice denied’ we should be rest assured that this ugly situation of delayed justice crops up only in case of western judicial system and not in case of the far superior Islamic judicial system.


Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com