Islamic Approach To Social Justice: An Analytical Study

Islamic Approach To Social Justic:An Analytical Study

Islam is teh religion of peace and justice. The Islamic Shariah is principally based upon the benefit of the beings. Hence it is aganist class conflict and establishes fraternity and brotherhood in the ranks of the Ummah.As such, the law of islam holds that initially and essentially, all beneficial actions are legitimate, and all harmful ones are illegitimate. Justice is the fundamental principle existing in every commandment of the shariah. That is why every rule of the shariah bears witness to this generalization when it considers human nature and its general weaknesses and basic needs. Justice is central to all the teachings and legal commandments of islam.This paper explores the meaning of social justice .It analyzes the fundamental ideals of Islam that can be considered to promote social justice, especially in societies governed by the legal system of islam. It offers a conceptual framework primarily in light of the teachings of the Quran. It also discusses the specular characteristics of the shariah in light of the Islamic concept of the relationship between God, Man, and the universe and the concept of divine justice manifest at all levels of the universe.

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keywords: Justice, Islam, Shariah, Law, Human Rights

INTRODUCTION

Justice is central to all the teachings of Islām. The Islāmic social justice system is based upon three fundamental principles: freedom of conscience, equality of human beings, and mutual sharing. These three elements can be explained by the three basic principles of Tawḥīd (Affirmation of the Oneness of Allāh), Unity of mankind, and Unity of Universe—the three-dimensional relationship between God, Man, and Universe. From the religious point of view, justice means that God has given moral absolutes to govern human relationships and structures, which are embodied in human rights, respect, equity, impartiality, and advocacy. These five principles can be termed the components of religious-based social justice.

Islām's teachings serve as the foundation of the Islāmic approach to social justice, which attempts to instill fairness, equity, and compassion in society. The idea that everyone is created equal in God's eyes, regardless of social standing, race, or economic circumstances, is at the core of the Islāmic worldview. Islāmic teachings strongly emphasise resolving inequality, defending human rights, and fostering a sense of community. The Islāmic approach to social justice is built on the fundamental ideas and principles of the Unity of God, man, and the universe.

Ismā‘īl Rājī (Fārūqī, 1921: 268,70) says that the Holy Qur’ān teaches that mankind is one nation. Therefore, all human beings irrespective of caste, colour or race etc., are entitled to know the Truth; and no censorship or restriction may be

imposed by anyone.1There is no distinction between man and man on the basis of nation or tribe:

O mankind! We created you from a single (pair) of a male and a female and made you into nations and tribes that ye may know each other. Verity, the most honoured of you in the sight of Allāh is (he who is) the most righteous of you.

(Al-Quran, Al-Hujurat 49:13)

Ra’īsuddīn Khān says (Khān, 1992: 169): “In Islām, the difference between man and man is not based on race, colour or s*x but on merit, quality and righteousness.Originally, every human being is honoured as one among the sons of Ādam:

(Al-Qur’ān, Al-Isrā’ 17:70)

“And indeed We have honoured the Sons of Adam”

Thus, all human beings are same in the Sight of Allāh and there is no discrimination against any person, group or nation; He being Just, has provided every

1 Fārūqī, Ismā‘īl R. and Lois Lamāyā. The Cultural Atlas of Islām, (Macmillan Pub. Co., 1921) pp. 268, 70.

2 Sherānī, Ra’īsuddīn Khān, Muhammad -The Greatest Law-Giver and an Epitome of Justice and

Compassion, in “Essays on Islām”, (Hamdard Foundation Karachi, 1992) p. 169.

human being with equal opportunity to attain felicity in this world and in the hereafter:

(Al-Qur’ān, Al-Isrā’ 17:70)

And We have carried them on a land and sea, and have provided them with At-Tayyibāt

(lawful good things), and have preferred them above many of those whom We have .created with a marked preferment

(Al-Qur’ān, Al-Kahf 18:29)

And say” “The truth is from your Lord.” Then whosoever wills, let him believe; and

whosoever wills, let him disbelieve.

Islām strongly emphasises the inherent worth and dignity of every human being. The Holy Qur’ān emphasises the fundamental equality of all humans by asserting that all humans were created from a single soul. Within the Islāmic

paradigm, social justice and fair treatment are based on this equality. Islāmic Sharī‘ah strongly emphasizes the significance of fairness and equity. The Holy Prophet Muhammad's life and teachings serve as a role model for social justice in Islām. He is an excellent example of social justice because he cares for the underprivileged, emphasises helping widows and orphans, and attention to labourers' and workers' rights. Islām opposes all forms of exploitation, including economic exploitation, oppression, and the unfair treatment of weaker individuals or

groups.

Islām encourages kindness, compassion, and empathy toward others. These characteristics are essential for promoting a fair and peaceful society where people care for one another. The divine attributes Rahmān (the Compassionate) and Rahīm(the Merciful) imply that Allāh is Oft-Forgiving, protecting His creatures, and in the words of ‘Abdullāh Yūsuf ‘Alī (‘Alī, 1413H: 19) “preserving them, guiding them, and leading them to clear light and higher life.”3

The word Rahmān expresses Allāh’s love to man therefore, Allāh’s relation to man is the relation par excellence of love, sympathy, concern, solicitude, compassion, and mercy (Daryābādī, 1994: 2).”4Both words, Raḥmān and Raḥīm, are derived from Raḥmah, ‘which signifies tenderness, requiring the exercise of beneficence and thus comprising the idea of love and mercy.’ While the Rahmān denotes Allāh’s general tenderness towards all His creatures,

Raḥīm denotes His tenderness towards His worshippers.5

Definitions and Meanings

Justice means fairness, equity, the quality of being just, and the exercise of authority to maintain right. Doing justice to someone means treating someone fairly or appropriately; show due appreciation. Doing oneself justice means doing it to the best of one's ability. Poetical justice means nature's retribution, as shown in a poem or other piece of writing (Trumble, 1996: 96).

‘Alī, Abdullāh Yūsuf, English Translation of the Meanings of the Holy Qur’ān (Madīnah Munawwarah, 1413H.) Ex. n. 19.

4 Daryābādī, Tafsīr al-Qur’ān, vol. 1 (Mu’assisah al-Ṣaḥāfa wa al-Nashr, 1994) p.2

Arabic has three synonyms for justice: al-‘Adl, al-Qisṭ, and al-Inṣāf. All three words, according to al-Mu'jam al-Wasīṭ, have the same meaning (Muṣṭafā, 1960: 588, 743).

Al-Qisṭ means al-‘Adl (Muṣṭafā, 1960: 73). It also means Al-Inṣāf, which in turn means giving somebody his due and taking away from him what does not belong to him (Muṣṭafā, 1960: 588).9 Anṣfa al-Shay'a or Intaṣafa means 'Adala, i.e.,' he did justice.' Intaṣafa fulānan: 'Āmalahū bi al-‘Adl means 'he treated him with justice.' Ansafa fulānan min fulānin: Istanfā lahū haqqahū minhu, meaning to make somebody render to the other his due. Rajulun naṣf, Imra’atun naṣf, Rijālun naṣf: min awsāṭin alnās meaning moderate people (Muṣṭafā, 1960: 926,27). It also implies equity, and in ethics, it amounts to impartiality, objectivity, and integrity; in short, a complete ethical code of the activity of the man of learning (Quraishī, 1995: 132).

One of the derivatives of al-‘Adl is al-I'tidāl meaning moderation. 'Addal almikyāl wa al-mīzān means 'he did justice in measuring and weighing.' I'tadala means 'he brought about equilibrium (between two conditions).'Another related word is

Wasṭ, defined as middle (Kerānwī, 1990: 772)12 and 'justly balanced,' sober, free of all extravagances, and intermediate (Alī, 1413H: 143).Furthermore, in ḥadīth, it is related to 'Adl (Zamān and Zamān, 1983: 717,18 ).14 It also means the best thing (Shafī, 1991: 390). It implies that there is a relation between 'Adl and Ihsān. In ḥadīth, Ihsān has been used to include worshipping Allāh as though one is seeing Him, and while one sees Him not, yet truly, He sees him (Nawawiyy, 1984: 30).

Ihsān has a great religious significance, and giving it a single meaning is inadequate. It has, therefore, variously interpreted as: "right action," "goodness," "charity," and "sincerity." Its root (HSN) also means "to master or to be proficientat (Nawawiyy, 1984: 30)."

Thus 'Adl comes out to be a good and commendable action or quality based upon the sincerity to Allāh and all His servants. When applied to governance, al-‘Adl means the justice of the ruler between people. Al-‘Adl also means al-I'tidāl referring to moderate, between two extremes. Because of this, some Mufassirūn say that 'Adl is when one's inner intention and outer actions are same (Shafī, 1991: 389).o Ibn' Arabi al'Adl means equity (Shafī, 1991: 389).19 'Adl has then many aspects:

Trumble, Judy Pearsall and Bill, The Oxford English Reference Dictionary (Oxford University

Press, 1996).

7 Muṣṭafā Ibrāhīm, al-Mu‘jam al-Waṣīṭ (Matba‘ Miṣr, 1960) pp. 588, 743

8 Ibid., p. 743

9 Ibid., p. 588

10 Ibid, pp. 926, 27

11 Quraishi, H.U., Lent J. Van, The Encyclopaedia of Islam, Glossary and Index to Technical Terms (Brill, 1995) p.132

12 Kerānwī, Waḥīd al-Zamān, al-Qāmūs al-Jadīd, (Idārah Islāmiyāt, 1990) p.772

13 ‘Alī, Abdullāh Yūsuf, English Translation of the Meanings of the Holy Qur’ān (Madīnah Munawwarah, 1413H.) Ex. Note. 143

14 Badī‘al-Zamān and Waḥīd al-Zamān, Ja’izah al-Sha’wudhī Sharḥ al-Tirmidhī, vol.1 (I‘tiqād Publishig House, 1883) pp. 717-18

15 Shafī, Muftī Muḥammad, Ma‘ārif al-Qur’ān, vol. 5 (Maktabah Deoband, 1991) p.390

16 Nawawī, Imām, al-Arba‘īn al-Nawawiyyah, Eng. Tr. Denys Johnson-Davies and Ezzeddin Ibrahim, vol.2 (International Islamic Federation of Students Organisations, 1984) p.30 Ibidem

One, 'Adl between man's self and his God, means a man should always obey Allāh's commandments.

Two, that man should do justice to himself by avoiding all such actions and things that may destroy his life, spiritual and physical. Here al-‘Adl and al-Ṣabr (patience) are related to each other.

Three, one should do 'Adl between himself and the rest of the Creation. In this,

he should not cause any harm to others and should behave towards the whole Creation with love and sincerity (Shafī, 1991: 389). Imām Rāzī says al-‘Adl means I'tidal (moderation) of belief, action, and morality (Shafī, 1991: 389).

Imām Qurtabī says that al-‘Adl means doing all ḥasanah (commendable and excellent) actions and refraining from all sayyi'ah (bad) things (Shafī, 1991: 390). In Mu'tazillī doctrine al-‘Adl means the Justice of God and constitutes one of the five fundamental Mu'tazillī dogmas (Quraishi, 1995: 5).23 In public Law, 'Adl is one of the principal conditions for carrying out public functions, and in private Law, it is a principal condition of a witness for bringing evidence (Quraishī, 1995: 5).

An 'Ādil is one who is just. In Law, it is a person of good morals. In the olden days, the notaries in the judicial administration were called 'Udūl (singular: 'Ādil) (Quraishi, 1995: 5).

The Opposite of 'Adl is Ẓulm which means misplacing a thing (Wortabet, n.d.: 247). ẓalama: ẓalman wa ẓulman wa maẓlimatan means 'to misuse,' 'to act wrongly.' Ẓalamahū: 'to wrong,' 'to act tyrannically, towards somebody.' With other derivatives, it becomes 'to misplace,' 'to deprive somebody of his rights; Ẓālim means an oppressor, a tyrant, and Ẓulmatun means obscurity, darkness (Hava, 1990: 246, 47).Thus all wrongdoings are Ẓulm.

From the religious point of view, justice means that God has given moral absolutes to govern human relationships and structures, which are embodied in human rights, respect, equity, impartiality, and advocacy. These five principles can be termed the components of religious-based social justice (Cox, 2000: 87)