Abstract
The Qur’an considers justice as a system governing the universe, which was in place before the creation of humans. Based on the Qur’an and the teachings of the Messenger, Imam ‘Ali defines justice as a process whereby everything is situated in its rightful place intended by the Creator. The rightful place is found by following the Creator’s rules. At the time of the creation of the universe, everything was put in its rightful place according to a scale and balance established by Him creating an ordered and stable equilibrium in the universe. The Qur’an does consider justice as a principle and praises it as a virtue for individuals, but sees its true role as a system, the implementation of which leads to a harmonious, stable, prosperous and balanced society in which humans can flourish in this life and prepare for felicity in the life to come.
Mirakhor and Askari, 2017. Ideal Islamic Economy. New York: Palgrave Macmillan is recommended as a complement to this chapter. Also helpful is: Al-Hakimi, et al., 1992. Al-Hayat. Tehran: Maktab Nashr al-Thiqafah al-Islamiyyah, particularly vol. 6, pp. 325–458.
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Notes
- 1.
Please note that this part of chapter is a basic and rudimentary introduction to the Qur’anic conception of justice in light of the explanations of the Messenger (sawa) and his Ahl-ul-Bayt (as).
- 2.
See Verse 7: Chapter 55 of the Qur’an. See also, Lawrence Rosen. The Justice of Islam. Oxford: Oxford University, 2000. Rosen refers to the “al-Mizan” (p. 158) as “the archetype of scales.”
- 3.
See Seyyed Hossein Nasr, 2006. “Introduction” to M. Ali Lakhani (ed.). The Sacred Foundation of Justice in Islam. Bloomington, Indiana: World Wisdom, 2006, pp. xi–xiii. See also, Seyyed Hossein Nasr. The Heart of Islam: Enduring Values for Humanity. New York: Harper One, 2004, pp. 239–272.
- 4.
See A. Smirnov, 1996. “Understanding Justice in an Islamic Context: Some points of Contrast with Western Theories,” Philosophy East and West, vol. 46, No. 3, pp. 337–350
- 5.
See, for example, Verse 83 of Chapter 3.
- 6.
See, for example, Verse 25, Chapter 57.
- 7.
See, for example, Verses 8–9 of Chapter 7; 102–103 of Chapter 23; and 6–8 of Chapter 101.
- 8.
See, for example, Verse 11 of Chapter 41.
- 9.
See, for example, Peter Corning, 2011. The Fair Society. Chicago: The University of Chicago Press.
- 10.
See, for example, Verse 78, Chapter 22; Verse 161, Chapter 6.
- 11.
See, for example, Daud Rahbar, 1960. God of Justice. Leiden: E. J. Brill, and his list of references.
- 12.
Example of right as responsibility is demonstrated in Verse 47, Chapter 30, in which Allah swt declares that it is Haqqan ‘Alayna (it is our responsibility) to help the Mu’mineen (those who are in compliance with the rules of behavior prescribed by Allah swt, “the believers”). As such this responsibility becomes a dimension of Walayah , the love-based care-feeding-helping-comforting that the Creator extends to His creation. See, A. Mirakhor and I. S. Hamid, 2009. Islam and Development: The institutional Framework. New York: Global Scholarly Publications, pp. 129–134; I. S. Hamid. Islam, Station and process: The Spirituality of Walayah. New York: Global Scholarly Publication, 2011, for explanation of the concept of Walayah.
- 13.
For a detailed view of these propositions, see various sermons of Imam ‘Ali (as ) in Nahj al-Balaghah : Peak of Eloquence. Translated by Sayed Ali Reza. New York: Tahrike Tarsil Qur’an Inc. Based on the Qur’an and the teachings of his beloved grandfather (sawa), the great grandson of the Prophet (sawa), the fourth Imam of Ahl-ul-Bayt, Imam ‘Ali ibn al-Hussein Zayn al-‘Aabedeen(as) in his Treatise on Rights (Risalah al-Huquq) developed practical understanding of both propositions by composing a list of 50 rights and responsibilities (Huquq) incumbent on individuals. The Treatise has been translated by William C. Chittick and appears in the Appendix to: The Psalms of Islam, 1988, translation of the Imam’s (as) Al-Saheefah al-Kamilah al-Sajjadiyyah. London: The Muhammadi Trust of Great Britain and Northern Ireland. It has been reprinted separately (1990) by Foundation of Islamic Culture as: The Treatise on Rights: Risalat al-Huquq. Another translation of the Treatise of the Imam (as) is provided by Ali Peiravi and Liza Zaynab Morgan (with commentary) in their book (2016): A Divine Perspective on Rights. Qum: Ansaryan Publishers. Also available online at: Al-Islam.org (http://www.al-islam.org). The best analysis and commentary of the Treatise of the Imam (as) is the two-volume book by Hassan al-Sayyid ‘Ali al-Ghabanji. Sharh Risalah al-Huquq lil-Imam ‘Ali Ibn al-Hussein Zayn al-‘Aabedeen. Qum: Mu’assisssah Dar al-Tafseer lil-Taba’ah wa al-Nashr, 1995.
- 14.
See the Qur’an Verse 21, Chapter 2; Verse 1, Chapter 4; Verse 13, Chapter 49; and Verse 28, Chapter 31. The Messenger (sawa) says “O’ Humanity, indeed your Lord is One and you come from one father. All of you are from Adam, and Adam was created from dust. Indeed, the most honored among you in Allah’s view is the one with most Taqwa (the most righteous, the most rule-compliant). There is, therefore, no superiority for Arab over non-Arab. The only distinction is by Taqwa.” Reported in Abulqasim Payandeh. Nahj-ul-Fasaha: Short Sayings of the Messenger (sawa). Tehran: Golestan Publishing, 1984, Saying Number 1044, p. 211 and the Saying Number 467, p. 89. In a recent book, Pierre Rosanvallon. The Society of Equals. Cambridge: Harvard University Press, 2013, insightfully discusses the present global spread of inequality from a non-theistic view point and sees the possibility that the trend will not reverse.
- 15.
See, for example, Verse 212, Chapter 2; Verse 31, Chapter 10; Verse 3, Chapter 35; and Verse 60, Chapter 29.
- 16.
See, for example, Verse 75, Chapter 16; Verse 28, Chapter 38; Verse 9, Chapter 39; Verse 58, Chapter 40; Verse 21, Chapter 45. See also Hasan Hanfi, 2002. “Alternative Conception of Civil Society: A Reflective Islamic Approach” in Sohail H. Hashmi. Islamic Political Ethics. Princeton: Princeton University Press, 2002, pp. 61–62.
- 17.
In this context, al-Imam al-Kadhim (as), the seventh Imam of Ahl-ul-Bayt, states that: “Indeed, Allah did not leave any of the resources (He created) without allocating it fairly. He gave every possessor (general and particular, the poor and the destitute, in every segment of humanity) of right what was due…” Reported in M. R. Hakimi, M. Hakimi, and A. Hakimi. Al-Hayat. Tehran: Maktab Nashr al-Thiqafah al-Islamiyyah, 1989, vol. 6, p. 346.
- 18.
While, in general, it is thought that among the creation of Allah (swt) only humans are given free choice, there are some indications in the Qur’an worth pondering. See, for example, Verse 11, Chapter 41, in which Allah swt commanded the heavens and the earth to “come willing or unwilling and they said we will come willingly.”
- 19.
Zulm (correctly, Dhulm) is generally understood as the antonym of ‘Adl, though some consider that the antonym of justice to be “jawr.” See Kenneth Cragg, “The Meaning of Zulm in the Qur’an” in The Qur’an, Colin Turner (ed.) vol. II, Themes and Doctrines, pp. 1–15. London: Routledge-Curzon, 2004.
- 20.
See various Arabic lexicons on the meaning of the word walayah, for example: Ibni Mandhur, 1984. Lisan al-Arab. Qum: Nashru Adab al-Hawzah; Al-Raghib al-Isfahani, 1992. Mufradat Alfadh al-Qur’an. Damascus: dar al-Qalam; Hassan al-Mustafavi, 1995. Al-Tahqeeq Fee Kalamat al-Qur’an al-Kareem. Tehran: Mu’assissah al-Tiba’ah wa al-Nashr, Wizarah al-Thiqafah wa al-Irshad al-Islami; Edward William Lane. Arabic-English Lexicon. New Delhi: Asian Educational Services, 2003.
- 21.
See Verses 35–37, Chapter 3.
- 22.
There is some evidence that indeed love is the impulse for the creative activity of the Creator; see Seyyed Hossein Nasr. The Heart of Islam. New York: Harper One, 2004, pp. 9–13 and pp. 209–215; Reza Shah-Shah Kazemi, “God as the Loving in Islam.” IAIS Journal of Civilizational Studies, vol. 1, No. 1 (2008): 147–183; and, Ghazi bin Muhammad, 2010. Love in the Holy Qur’an. Chicago: Kazi Publications.
- 23.
See Abulqasim Payandeh, 1984. Nahjul Fasaha. Saying Number 635, p. 3150.
- 24.
See, for example, Verses 81 and 187, Chapter 3; Verse 14, Chapter 5; and, Verse 7, Chapter 33.
- 25.
On Meethaq, see, for example, Verses 27, 63, 84, 88 and 93 of Chapter 2; Verse 154, Chapter 4; Verses 7, 70, Chapter 5; Verse 169, Chapter 7; Verses 20 and 25, Chapter 13; on ‘Ahd (promise) see, for example, Verse 60, Chapter 36; Verse 79, Chapter 9; Verse 56, Chapter 8; Verse 10, Chapter 48; Verse 91, Chapter 16; Verse 152, Chapter 6; Verses 20 and 25, Chapter 13; Verses 91 and 95, Chapter 16; Verse 34, Chapter 17; on contracts, see, for example, Verse 1, Chapter 5; Verse 235, Chapter 2; there are at least two words in the Qur’an referring to the act of those who break their covenants, promises and contracts: Nagdh (see some of the verses given above) and Hinth, as in Verse 46 in Chapter 56, see Verse 15, Chapter 72.
- 26.
See Abulqasim Payandeh. Nahjul Fasaha. Tehran: Golestan Publishing, 1984, p. 212, saying number 1049. For coverage of the history of economic policies of the Messenger, (sawa) see Seyed Kazem Sadr. The Economic System of the Early Islamic Period: Institutions and Policies. New York: Palgrave Macmillan, 2016.
- 27.
See Mirakhor and Hamid, 2009, pp. 136–139; and, Mirakhor and Askari, 2010, pp. 65–68.
- 28.
See, Al-Hakimi, et al. 1992. Al-Hayat, vol. 1, p. 134.
- 29.
See, Muhammad Ibn Ya’qub al-Kulayni, 2012. Al-Kafi, Book I, (translated). Dearborn: Islamic Text Institute, p. 11. Also see Askari and Mirakhor, 2017, Ideal Islamic Economy, p. 148.
- 30.
Hakimi, et al. 1992. Al-Hayat, vol. 1, p. 136, 425–428.
- 31.
See, for example, Verse 67, Chapter 21; Verse 22, Chapter 36; Verses 11, 14, 64 of Chapter 39.
- 32.
Hakimi et al. 1992. Al-Hayat. p. 163.
- 33.
The phrase used by Imam ‘Ali (as) is “Yuthiru lahum dafa’in al-‘ughul.” See the discussion of this saying in Al-Hakimi, et al. 1992, p. 237.
- 34.
See Mirakhor and Askari 2017.
- 35.
Compare this view of rules governing property rights with leading contemporary ideas; see various papers in September 2011 Issue of Econ Journal Watch, vol. 8, no. 3, pp. 205–295.
- 36.
See Verse 141, Chapter 6; Verse 31, Chapter 7; and Verse 43, Chapter 40.
- 37.
See Verses 26 and 27 of Chapter 17.
- 38.
See Verse 16, Chapter 17; Verse 64, Chapter 23; and Verse 34, Chapter 34
- 39.
See Verse 34, Chapter 9.
- 40.
See Verse 3, Chapter 76. It is interesting to note that the irrationality of the risk involved in not believing in the existence of the Creator, and the practical rationality of believing was the subject of the so called “Pascal’s Wager.” See, Jeff Jordan. Pascal’s Wager. Oxford: Clarendon Press, 2006; and, J. C. W. West. God’s Odds: Pascal’s Wager Revisited. Ontario, Canada: St. Catherine’s Press, 2013.
- 41.
See Verse 155, Chapter 2; Verse 48, Chapter 5; Verse 165, Chapter 6; Verse 2; Chapter 67; Verse 2, Chapter 29; Verse 126, Chapter 9; Verse 35, Chapter 21.
- 42.
See, Mirakhor and Hamid 2009, pp. 148–164.
- 43.
See the following: Verse 30, Chapter 2; Verse 165, Chapter 6; Verse 14, Chapter 10; and Verse 30, Chapter 35.
- 44.
See, Al-Hakimi et al. 1992. Al-Hayat, vol. 6, pp. 306–323.
- 45.
Compare this verse with Verse 30, Chapter 2, to note an important nuance. The latter verse refers to the humanity’s general appointment “on earth” as Khalifa, whereas, in case of David (as), he is appointed as “a khalifa” on earth.
- 46.
See, for example, Verse 107, Chapter 21, and Verse 185, Chapter 2. Not only did the prophets and messengers themselves were in compliance with prescribed rules, they also struggled against injustices; see Mirakhor and Hamid 2009, pp. 244–253.
- 47.
See Verses 43–50 of Chapter 5.
- 48.
For these sayings of the Messenger (sawa), see, Abulqasim Payandeh. Nahj-ul-Fasahah. Tehran: Golestan Publishing 1984, Saying 577, p. 115; Saying 1773, p. 377; and, Saying 2189, p. 464.
- 49.
Payandeh 1984, ibid, Saying 2945, p. 601.
- 50.
See Mirakhor and Askari 2017.
- 51.
He was so appointed by Allah (swt) according to the Qur’an, Verse 67, Chapter 5; see Agha Muhammad Sultan Mirza. The Caliphate: Its Conception and Consequences. Beirut: Imam Hussein Foundation, 1992; see also Maria Massi Dakake. The Charismatic Community. Albany: State University New York Press, 2007, Part I.; Arzina R. Lalani. Early Shi’I Thought: The Teachings of Imam Muhammad al-Baqir. London: I. B. Tauris, 2000.
- 52.
This is Sermon 130 in Nahj al-Balaghah. Translated by Sayed Ali Reza, 1985.
- 53.
This is Sermon 215 in Sayed Ali Reza’s translation, p. 432. Translation here is of the Arabic text of the Sermon (216) as presented in Sayyid Ja’far Shaheedi. Nahj al-Balaghah. Tehran: Publications and Education of Islamic Revolution Co. 1991, pp. 248–249.
- 54.
For contemporary presentation of and commentary on (some partial) the letter, see Seyyed Hossein Nasr. The Heart of Islam, New York: Harper One, 2002, pp. 250–252; ‘Allamah Muhammad Husayn Tabataba’i, The Ruler and Society. http://imamreza.net/eng/imamreza.php?id=816; Reza Shah-Kazemi. “A Sacred Conception of Justice: Imam ‘Ali’s Letter to Malik Al-Ashtar,” in M. Ali Lakhani (ed.). The Sacred Foundations of Justice in Islam, Bloomington, Indiana: Sacred Web, 2006, pp. 59–106; Tawfeeq al-Fakeeki, 1983. Al-Ra’ee wa al-Ra’iyyah. Beirut: Mu’assissah al-Wafa’.
- 55.
See Sayyid Ridha Sadr. ‘Ali’s Life Motto. Translated by Sayyid Saeed Arjmand. Mashhad: Islamic Research Foundation, 1991; Falah Al-Khalisi. Lawla ‘Ali bin AbiTalib Lamma Kaana Al-Islam. Beirut. Dar Al-Mufeed, 2001; and Al-Sayyid Tahir ‘Isa Darweesh. ‘Ali Kama Wasafa Nafsuh. Beirut: Dar wa Maktabah Al-Hilal, 2004.
- 56.
Narrated by Muhammad ibn al-Hassan al-Shaybani in his Siyar, translated by Majid Khduri, The Islamic Law of Nations: Shaybani’s Siyar. Baltimore: The Johns Hopkins University Press, 1966, pp. 230–231.
- 57.
Compare this with the behavior of contemporary Muslim rulers. In many Muslim societies, even the smallest perception by the rulers or their henchmen that someone has insulted the ruler means imprisonment or even death.
- 58.
Compare this with the behavior of those who, in the name of Islam, commit horrendous atrocities against innocent civilians.
- 59.
For a brief biography of Malik see, Mahdi ‘Abdul Hussein al-Najm. Malik Bin Al-Harith al-Ashtar. Beirut: Dar al-Mufeed li al-Tiba’ah wa al-Nashr wa al-Tawzee’, 1998.
- 60.
See Verse 32, Chapter 43.
- 61.
See Al-Hakimi et al. 1992. Al-Hayat, vol. #, pp. 20–35.
- 62.
See Verse 7, Chapter 59.
- 63.
See Hakimi, et al., Al-Hayat, vol. 3, p. 28.
- 64.
Ibid, pp. 29–30 for reference to these and other sayings of the Messenger (sawa) and the Imams of Ahl-ul-Bayt (as).
- 65.
See Verse 67, Chapter 25. See also, Al-Hakimi, et al. Al-Hayat, vol. 3, pp. 212–325, for sayings of the Messenger (sawa) and his rightful successors, the Imams of Ahl-ul-Bayt (as).
- 66.
See ibid, p. 401. Also Hakimi, et al. Al-Hayat, vol. 4; and Mirakhor and Askari and Mirakhor. Ideal Islamic Economy. New York: Palgrave Macmillan, 2017.
- 67.
Throughout the history of scholarship on justice, researchers have identified three types of “demand of justice”: Justice as preservation of rights, justice as desert and justice as equality. The first prevails in a society where every person’s rights are protected and preserved. The second demand of justice is met when every person receives what is deserved, and the third prevails in a society where everyone is treated equally (see, e.g., K. D. Irani, 1981. “Values and Rights Underlying Social Justice,” in Randolph L. Braham (ed.). Social Justice. The Hague: Martinus Nijhoff Publishing, 1981). Based on the above discussion, an argument can be made that an Islamic society compliant with the rules of behavior prescribed by Allah in the Qur’an and explained by the Messenger (sawa) and the Imams of Ahl-ul-Bayt, a system of justice and fairness prevails and the society prospers (see Mirakhor and Askari. Ideal Islamic Economy. New York: Palgrave Macmillan, 2017; see also Mohammad Reyshahri and al-Sayyid Radh al-Hosseini. Al-Tanmyah Al-Iqtisadiyyah Fee Al-Kitab wa Al-Sunnah. Qum: Dar Al-Hadeeth Li Al-Tiba’ah wa Al-Nashr, 2001. The book presents the verses of the Qur’an and the sayings of the Messenger (sawa) and those of the Imams of Ahl-ul-Bayt (as) on economic development.)
- 68.
See Majid Khadduri. War and Peace in the Law of Islam. Baltimore: The Johns Hopkins University Press, 1955, pp. 14–18.
Bibliography
Nasr, Hamid Abu Zaid. 2001. The Qur’anic Concept of Justice. Polylog, no. 3. http://www.polylog.org/theme/2.1/fcs8-en.htm.
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Mirakhor, A., Askari, H. (2019). Islam and the Conception of Justice. In: Conceptions of Justice from Earliest History to Islam. Political Economy of Islam. Palgrave Macmillan, New York. https://doi.org/10.1057/978-1-137-54303-5_8
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