To establish the rule of justice is a basic responsibility of an Islamic State. The demand for justice prevails in all walks of life, but here we shall talk only about the judicial justice (that which pertains to the domain of law). The Quran also provides the required guidance for justice-dispensing agencies i.e. the courts of law. It is necessary to understand one basic principle about JUSTICE. According to the common concept of justice in the world, the duty of a law-court is to decide the disputed affairs according to the code of law that is prevalent; therefore a decision made accordingly shall be considered as based on justice. But, if the law itself is not based on justice, then the decision based on it can never be considered just. Thus the principle laid down by the Quran is that the law of the land should also be based on justice. In this respect the Quran does not indulge in a philosophical debate as to what is meant by "law on the basis of justice" and what is the definition of justice. It addresses the Islamic sovereign state decisively as follows: (5:44) "If any do fail to judge by what Allah Almighty has revealed, they are Kafireen."
It means that where the rule is based on Quranic Laws, it shall be an Islamic government and if it is not based on Quranic Law, it shall be a government of non-believers. Only that law shall be considered as based on truth which conforms to the Book of Allah; any law contrary to it shall be based on 'zulm' (injustice). Thus the judges are addressed as follows: (7:158) "They guide people towards the Truth (the Quran), and dispense justice in accordance with what it dictates."
The real justice, in fact, is the justice based on Truth. If the law is not based on Truth, then any judgment according to this law cannot be considered as meeting the requirements of justice. Truth is, in fact, another name for the Book of Allah. The same is the difference between an Islamic state and a secular state. In Surah 'Saad' it is said: (38:26) " Thus We told Daud peace be upon him (to carry on with the mission of reforming the society without any fear and) that We have granted you the control over the kingdom, so that you can decide on people's affairs with complete justice and equity in accordance with the Divine Laws, and do not follow (or care for) anyone's personal desires. If you were to do that, these people will lead you astray from the right path. Just remember that people go astray because they forget or ignore the Day of Accountability (which shall come as per Our Law of Mukafat). The result is total destruction." This makes clear two issues: firstly that the law of the land ought to be based on Truth (the Book of Allah); secondly, that the court of law should remain above its personal sentiments that is it should remain neutral. That is what is called 'a just decision'.
2. For a system of justice the Quran has ordained: (4:58) " In order to establish the Quranic System, it is necessary to entrust responsibility to those who are capable of discharging it. All matters should be decided justly. This is excellent counsel which Allah Almighty is giving you for Allah Almighty hears and sees all" . Even when you make peace between parties, do so with justice (49:9) In Surah Al-Hujuraat it is ordained that if two factions of Muslims develop a dispute (and wage war against each other) "Sort out their mutual conflict with justice".
3. Even enmity with a nation should not incline you to act unjustly. (5:8) "Let not the enmity of others make you sway from justice; be just, that is only nearer to (Taqwa) piety."
4. Not only the cases of Muslims, but the cases of non-Muslims also should be decided with justice. The Rasool was ordained: "Even if the non-Muslims come to you for the judgment of their cases: (5:42) "Judge between them with equity".
5. The Rasool was told: "We have sent this Book to you with the truth": (5:48) "So judge between them as Allah Almighty has revealed and follow not their vain desires."
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