Islamic social justice and criminal laws

Author: Khalid Hussain Mir

The attributes of the Creator of this Universe is that He is The Most Merciful & Magnificent towards His creation. The constitution of this world is based on the revealed guidance and is for the implementation and promotion of these regulations. Almighty Allah sent His Messengers to frame a society based on social justice, fairness and obedience towards the Creator. In the past as it has been witnessed, whenever demonic and unlawful acts have been promoted in society, that society is neither stable nor peaceful. Moreover these nations have no positive way to eliminate these evils.

Islam is the only religion in the world that emphasises on man as an individual alongside the whole of humanity to establish a peaceful and reward able society. Islam is the religion of peace and emphasizes on equality before law and promotes the notion of universal brotherhood. Its teachings are based on the divine guidance and law that have been setup through the medium of Revelation (Al-Quran) and Prophetic traditions (Sunnah).As there is no place for cast, creed and colour system in Islam, it promotes social justice and equalitarianism, whilst rejecting all sorts of crime, discrimination and immorality. There is no place for violations, unjust, tyrannical attitude and oppression in Islam. The Quran affirms this assertion in these influential words: “O mankind, indeed we have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed Allah is knowing and acquainted” (49:13).

Islam does not allow a Muslim to be a part of any kind of malicious activity in the society or to provide any kind of support for the foul deeds; rather it teaches a man to remove these evils and crimes by efforts based on fairness. If any form of cruelty is displayed in the society, the Shari’ah negates it in every aspect and rules against it.

The Quran guides a Muslim and emphasises him to do justice whenever he may be called for a decision, at number of places, the Quran says“…And if you judge, judge between them with justice. Indeed, Allah loves those who act justly” (49:09) at another place it has stated: “Indeed, Allah orders justice and good conduct and giving to relatives and forbids immorality and bad conduct and oppression. He admonishes you that perhaps you will be reminded” (16:90).

It is not permissible for such a person who believes in Allah and His Messenger (S.A.W) to refuse the commands of Allah. If he does so, Allah has also administered punishment for such sinful action.

There is no place for cast, creed and colour in an Islamic system, which should promote social justice and egalitarianism,whilst rejecting all sorts of crime, discrimination and immorality. There is no place for unjust, tyrannical attitudes and oppression in Islam

This punishment is based on justice and Allah loves those who act justly as Allah’s Apostle once said; “Whoever is not merciful to others will not be treated mercifully”(Al-Bukhari).Separate laws have been framed for different forms of crimes and all of these laws are based on social justice and for the welfare of a better and peaceful society. Islam forbids a believer from Usury, corruption, backbiting, adultery, burglary, oppression, defraud, plundering and violence. As all these crimes are hazardous for the whole humanity and because of them a society faces destruction in the form of immorality and mistrust.

Immorality in business is intensely prohibited in Islam. Due to this the entire society is affected. Business based on the usury system is also a hazardous source of wealth, which in Islam is clearly prohibited and those who are involved in such kind of businesses have been strictly warned. Such an act of modality, Quran describes in these words; “Woe to those who give less [than due], who when they take a measure from people, take in full. But if they give by measure or by weight to them, they cause loss. Do they not think that they will be resurrected?” (83:01-04)and in another chapter Allah commands the believer; “And establish weight in justice and do not make deficient the balance (55:09), While those who do it honestly and fear Allah have been rewarded as mentioned in the Hadith of Prophet (S.A.W) “May Allah’s mercy be on him who is lenient in his buying, selling and in demanding back his money”(Al-Bukhari).

The sponsorship of orphans is one of the most important responsibilities of Muslims. Anyone who illegally approaches the properties of orphans instead of protecting them has been chastened. Muslims have been guided not to approach the properties of orphans except until in a way that they reach maturity and have been asked to give them full measures and weights in justice. It is mentioned in Quran that the believers are brothers and are been asked to make peace with each other when they fall into dispute so that they might receive the mercy of Allah. It is mentioned in Quran, Allah says; “The believers are but brothers, so make settlement between your brothers. And fear Allah that you may receive mercy”(49:10), and in a Hadith of Muslim, Allah’s Messenger (S.A.W) said, “A Muslim is a brother of another Muslim, so he should not oppress him, nor should he hand him over to an oppressor.

Whoever fulfilled the needs of his brother, Allah will fulfill his needs; whoever brought his Muslim brother out of discomfort, Allah will bring him out of the discomforts of the Day of Resurrection, and whoever screened a Muslim, Allah will screen him on the Day of Resurrection”.

Islam teaches rectitude and never encourages its followers to vituperate and humiliate anyone in the society. Islam deals not only with human rights but has secured the rights of other creations as well. In the contemporary world, one of the main reasons of immorality and corruption is due to the lack of promotion given to, moral and ethical values. It is obligatory on every Muslim to come forward, particularly scholars to teach human values to mankind, so that a peaceful and trustworthy society will be established.

The writer is a Research Scholar, Department of Islamic Studies, Baba Ghulam Shah Badshah University, Rajouri J&K (IOK). He can be reached at khalidbinali027@gmail.com

Published in Daily Times, September 13th 2018.

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