Transcript System of Justice in Islam CSS 2015

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System of Justice In Islam
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System of Justice
• Two Components
• Judicial System
• Social Justice
(System of Courts)
(Practical)
• The systems that organize the relationships between
Muslims, their Lord, their community, fellow human
beings, the environment, and all creation
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Basis of Judicial System
Governing Principles
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Equality
Rule of Law
Divine Sources of Law
No Discrimination
Five Main themes
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Adal
Ehsan
Insafaf
Meezan
Eesar
Al-qist
Justice
Benevolence
Balance
Measure/Worth
Sacrifice
Proper
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What is Justice
• Justice is the ideal, morally correct state of things and
persons, whatever that contested ideal may turn out
to mean
• Justice is a concept involving the fair, moral, and
impartial treatment of all persons, especially in law
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What is Justice
• Justice is the condition in which every person and
every part of a whole (e.g. every part of the soul of a
person, or every citizen or group in the state)
performs its proper function and receives its proper
reward.
(John Howard Sobel)
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Justice follows from the purpose of creation
“We have indeed offered the Trust to the heavens, to
the earth, and to the mountains, but they refused to
undertake it and were afraid, but man undertook
it.”(33:72)
• Human trust
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Justice is an object of the Divine messages
“ We verily sent Our messengers with clear proofs, and revealed with them
the Scripture and the Balance, that mankind may observe right measure;
and He revealed iron, wherein is mighty power and (many) uses for
mankind, and that Allah may know him who helpeth Him and His
messengers, though unseen. Lo! Allah is Strong, Almighty.”(57:25) Al-hadid
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Justice follows from faith
• “I have decreed that injustice is unlawful”
• “Say, my Lord has commanded justice” (7:29)
• “Certainly God commands justice”(16:90)
• The Just, the Equitable
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Justice follows from Equality
“O’ People, We have created you from a single pair (a
male and a female), and We have made you nations
and tribes so that you get to know each other, the
best of you is the one that is most conscious of God”
(49: 13)
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Comprehensiveness of Justice
• Justice in dealing with God
• Justice in dealing with oneself
• Justice in Court
• Justice in Testimony
• Justice with Enemies
• Social Justice
• Justice between Nations
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Areas of Applying Justice
• Personal
• Social
• Legal
• Justice between Nations
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Personal Justice
• And approach not the wealth of the orphan save with that which is better,
till he reach maturity. Give full measure and full weight, in justice. We task
not any soul beyond its scope. And if ye give your word, do justice
thereunto, even though it be (against) a kinsman; and fulfil the covenant of
Allah. This He commandeth you that haply ye may remember (Al-Inam
152)
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Social Justice
• Ownership of wealth
• “and to Him belongs the dominion of heavens and earth
and what is in between” (5:17)
• Trusteeship over wealth
• “and spend of that which He had made you trustees over”
(57:7)
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Legal judgments must uphold justice
• “God commands you to return trusts to their rightful
owners, and when you judge between people, judge
with fairness” (4:58)
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Witnesses must bear testimony for justice
“O’ you who believe, stand firm for justice and bear witness for the sake of God, even
though it be against yourselves, your parents, or your relatives. It does not matter
whether the party is rich or poor” (4:135)
“O you who believe, Be steadfast for the sake of God and bear true witness and let not the
enmity of a people incite you not do justice. Be just, this is nearer to
righteousness.”(5:8)
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Justice must be observed in legal transactions
• “O believers! When you deal with each other in
lending for a fixed period of time, put it in writing. Let
the scribe write it down with justice between the
parties.” (2:282)
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Justice between Nations
• Peace
• Treaties
• Just war
• Justice in dealing with captives
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Justice and Righteousness
Righteousness is an ideal
Justice is an integral part of Righteousness
“be just, this is nearer to Righteousness” (5:8)
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Other
• Justice in matrimonial life
• Justice in measuring
• Justice in Food habits
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Special Characteristics of System of Justice of
Islam
• Paid Judiciary
• Appointment of judges as duty of caliph
• Unique Law of Evidence
• Hadood are defined
• Speedy Justice
• No or lose concept of Solicitors
• Shriah as Law
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The word(s) "Justice" appears 24 time(s) in 22
verse(s) in Quran in Muhammad Pickthal
• (1) Whencesoever thou comest forth turn thy face toward the Inviolable Place of Worship;
and wheresoever ye may be (O Muslims) turn your faces toward it (when ye pray) so that
men may have no argument against you, save such of them as do inJustice - Fear them not,
but fear Me! - and so that I may complete My grace upon you, and that ye may be guided.
( , ‫سورة البقرة‬Al-Baqara, Chapter #2, Verse #150)
(2) Allah (Himself) is Witness that there is no Allah save Him. And the angels and the men of
learning (too are witness). Maintaining His creation in Justice, there is no Allah save Him the
Almighty, the Wise.
( , ‫سورة آل عمران‬Aal-e-Imran, Chapter #3, Verse #18)
(3) These are revelations of Allah. We recite them unto thee in truth. Allah willeth no
inJustice to (His) creatures.
( , ‫سورة آل عمران‬Aal-e-Imran, Chapter #3, Verse #108)
(4) And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem
good to you, two or three or four; and if ye fear that ye cannot do Justice (to so many) then
one (only) or (the captives) that your right hands possess. Thus it is more likely that ye will not
do inJustice.
( , ‫سورة النساء‬An-Nisa, Chapter #4, Verse #3)
(5) Whoso doeth that through aggression and inJustice, we shall cast him into Fire, and that
is ever easy for Allah.
( , ‫سورة النساء‬An-Nisa, Chapter #4, Verse #30)
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• (6) O ye who believe! Be ye staunch in Justice, witnesses for Allah, even though it be against yourselves or (your)
parents or (your) kindred, whether (the case be of) a rich man or a poor man, for Allah is nearer unto both (them
ye are). So follow not passion lest ye lapse (from truth) and if ye lapse or fall away, then lo! Allah is ever Informed
of what ye do.
( , ‫سورة النساء‬An-Nisa, Chapter #4, Verse #135)
(7) O ye who believe! Kill no wild game while ye are on the pilgrimage. Whoso of you killeth it of set purpose he
shall pay its forfeit in the equivalent of that which he hath killed, of domestic animals, the judge to be two men
among you known for Justice, (the forfeit) to be brought as an offering to the Ka'bah; or, for expiation, he shall
feed poor persons, or the equivalent thereof in fasting, that he may taste the evil consequences of his deed. Allah
forgiveth whatever (of this kind) may have happened in the past, but whoso relapseth, Allah will take retribution
from him. Allah is Mighty, Able to Requite (the wrong).
( , ‫سورة المائدة‬Al-Maeda, Chapter #5, Verse #95)
(8) Perfected is the Word of thy Lord in truth and Justice. There is naught that can change His words. He is the
Hearer, the Knower.
( , ‫سورة األنعام‬Al-Anaam, Chapter #6, Verse #115)
(9) Say: Come, I will recite unto you that which your Lord hath made a sacred duty for you: That ye ascribe no
thing as partner unto Him and that ye do good to parents, and that ye slay not your children because of penury We provide for you and for them - and that ye draw not nigh to lewd things whether open or concealed. And that
ye slay not the life which Allah hath made sacred, save in the course of Justice. This He hath command you, in
order that ye may discern.
( , ‫سورة األنعام‬Al-Anaam, Chapter #6, Verse #151)
(10) And approach not the wealth of the orphan save with that which is better, till he reach maturity. Give full
measure and full weight, in Justice. We task not any soul beyond its scope. And if ye give your word,
doJustice thereunto, even though it be (against) a kinsman; and fulfil the covenant of Allah. This He commandeth
you that haply ye may remember.
( , ‫سورة األنعام‬Al-Anaam, Chapter #6, Verse #152)
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(11) Say: My Lord enjoineth Justice. And set your faces upright (toward Him) at every place of worship and call upon Him,
making religion pure for Him (only). As He brought you into being, so return ye (unto Him).
( , ‫سورة األعراف‬Al-Araf, Chapter #7, Verse #29)
(12) And of Moses' folk there is a community who lead with truth and establish Justice therewith.
( , ‫سورة األعراف‬Al-Araf, Chapter #7, Verse #159)
(13) And of those whom We created there is a nation who guide with the Truth and establish Justicetherewith.
( , ‫سورة األعراف‬Al-Araf, Chapter #7, Verse #181)
(14) O my people! Give full measure and full weight in Justice, and wrong not people in respect of their goods. And do not
evil in the earth, causing corruption.
( , ‫سورة هود‬Hud, Chapter #11, Verse #85)
(15) And when Our commandment came to pass We saved Shu'eyb and those who believed with him by a mercy from Us;
and the (Awful) Cry seized those who did inJustice, and morning found them prostrate in their dwellings,
( , ‫سورة هود‬Hud, Chapter #11, Verse #94)
(16) And Allah coineth a similitude: Two men, one of them dumb, having control of nothing, and he is a burden on his
owner; whithersoever he directeth him to go, he bringeth no good. Is he equal with one who enjoineth Justice and
followeth a straight path (of conduct)?
( , ‫سورة النحل‬An-Nahl, Chapter #16, Verse #76)
(17) Lo! Allah enjoineth Justice and kindness, and giving to kinsfolk, and forbiddeth lewdness and abomination and
wickedness. He exhorteth you in order that ye may take heed.
( , ‫سورة النحل‬An-Nahl, Chapter #16, Verse #90)
(18) And he who hath done some good works, being a believer, he feareth not inJustice nor begrudging (of his wage).
( , ‫سورة طه‬Taha, Chapter #20, Verse #112)
(19) And those who cry not unto any other god along with Allah, nor take the life which Allah hath forbidden save in
(course of) Justice, nor commit adultery - and whoso doeth this shall pay the penalty;
( , ‫سورة الفرقان‬Al-Furqan, Chapter #25, Verse #68)
(20) He said: That (is settled) between thee and me. Whichever of the two terms I fulfil, there will be no inJustice to me,
and Allah is Surety over what we say.
( , ‫سورة القصص‬Al-Qasas, Chapter #28, Verse #28)
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