PART 2


The Greatness of the Qur’an’s Legislations


This Part Consists of Three Sections:


Section One: The Comprehensiveness of the Qur’an’s Legislations


Section Two: The Permanent and Lasting Applicability of the Qur’an’s Legislations


Section Three: The Justice of the Qur’an’s Legislations

The Qur’an is a rich treasure of knowledge that deals not only with beliefs, such as faith in Islamic Monotheism, or with lessons that we can learn from past nations; but also with laws and legislations that cover every aspect of human life. Such laws aim to refine the manners of individuals, implement justice among the members of society, and improve the dealings that take place among the members of society.


In the Noble Qur’an, Muslims are commanded to perform a variety of deeds, some of which have to do with basic acts of worship, such as prayer and supplication; others, with societal or economic issues; and so on. All such compulsory deeds are considered to be acts of worship and, after faith in Allah (sp), combine to form the foundation of Islam. The Qur’an consists of 6236 Verses that deal with acts of worship, beliefs, dealings among individuals, relations among nations, the rules of sound governance in a Muslim country, the principles of justice within a society, the rights of individuals within a society


– in short, everything that has to do with forming the character of a Muslim, as well as everything that pertains to forming an upright and just Muslim society. The Qur’an consists of just legislations that deal with all aspects of life. Allah (sp) said:


And We have explained everything (in detail) with full explanation.” (Qur’an and 17:12)


And elsewhere in the Qur’an, Allah (sp) said:





“And We have sent down to you the Book (Qur’an) as an exposition of everything.” (Qur’an 16: 89)


Among the Verses that deal with economic issues is the following:





“And give not unto the foolish your property which Allah has made a means of support for you, but feed and clothe them therewith, and speak to them words of kindness and justice” (Qur’an 4: 5).


One of Verses that deals with family and marriage law is the following:





“The mothers shall give suck to their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling, but the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis. No person shall have a burden laid on him greater than he can bear. No mother shall be treated unfairly on account of her child, nor father on account of his child. And on the (father’s) heir is incumbent the like of that (which was incumbent on the father). If they both decide on weaning, by mutual consent, and after due consultation, there is no sin on them. And if you decide on a foster suckling-mother for your children, there is no sin on you, provided you pay (the mother) what you agreed (to give her) on reasonable basis. And fear Allah and know that Allah is All-Seer of what you do” (Qur’an 2; 233)


The following is an example of a Verse that deals with inheritance law:





“There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large -a legal share.” (Qur’an 4: 7)


The following is an example of a Verse that explains criminal law in Islam:





“And We ordained therein for them: ‘Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal.’ But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allah has revealed, such are the Zalimun (polytheists and wrongdoers - of a lesser degree).” (Qur’an 5: 45)


The following is an example of the Verses that discuss capital punishment:





“And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever; they indeed are the Fasiqun (liars, rebellious, disobedient to Allah).” (Qur’an 24:4)


Two examples of Verses that deal with relations among Nations are the following:





“But if they incline to peace, you also incline to it, and (put your) trust in Allah. Verily, he is the All-Hearer, the All-Knower.” (Qur’an 8: 61)





“If you (O Muhammad (s)) fear treachery from any people throw back (their covenant) to them (so as to be) on equal terms (that there will be no more covenant between you and them. Certainly Allah likes not the treacherous.” (Qur’an 8:58)


The following is one of the Verses that call upon Muslims to defend their lands:





“And fight in the Way of Allah those who fight you, but transgress not the limits. Truly, Allah likes not the transgressors.” (Qur’an 2:190) This Verse is the first one that was revealed in connection with Jihad, but it was supplemented by another (9:36).


The following are examples of Verses that discuss judicial law:


“Verily! Allah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice. Verily, how excellent is the teaching which He (Allah) gives you! Truly, Allah is Ever All-Hearer, All-Seer. O you who believe! Obey Allah and obey the Messenger (Muhammad (s)), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and in the Last Day. That is better and more suitable for final determination.” (Qur’an 4: 58, 59)


The Superiority of Qur’anic Legislations


It was from the divine wisdom of Allah (sp) that the Qur’an was revealed thirteen centuries after the establishment of Roman law, which, around the time of the advent of Islam, was applied in many lands. Roman law benefited from periodic revisions that were made by philosophers, scholars, and men of law. Roman law was, in short, detailed and well-developed. In this regard, Roman law resembled the Arabic language, which was also well-developed by the time the Prophet (s) was sent with the Qur’an. And just as the Qur’an, as a miracle of Arabic expression, challenged poets and language experts to produce something similar to it, it also, as a miracle of laws and legislations, issued a challenge to philosophers, men of law, and experts of all systems of codified law.


Any just and unbiased researcher will appreciate the vast difference between the superior code of law that is detailed in the Qur’an and all other inferior systems of law. Qur’anic law does not have any weak points; it is in harmony with the inherent nature of man; it is completely just; it comprehensively deals with all spheres of life; and it can just as appropriately be applied today as it was over fourteen centuries ago. It is for this reason that, for Muslims, the Qur’an is not only a book of prayers, supplications, and spiritual nourishment – although it is all of these things as well – but is also a Book of divinely revealed laws that govern every aspect of their lives. The Qur’an is a reminder of how Islam was applied by the Prophet (s) and his Companions (rp). And if the laws of the Qur’an are not applied today, the thought of applying Qur’anic law one day in the future imbues Muslims with a profound sense of hope.70


Section one:


70 Diraasaat Islaamiyyah Fil’Ilaaqaat Al-Ijtimaa’iyyah Wad-Dauliyyah by Dr. Muhammad ‘Abdullah Darraaz (pg. 31).


The Comprehensiveness of the Qur’an’s Legislations


Among the more salient features of the Noble Qur’an are its comprehensiveness and its perfection. As for the latter quality, Allah (sp) said:


This day, I have perfected your religion for you, completed My Favor upon you, and have chosen for you Islam as your religion.” (Qur’an 5:3)


The former quality is a natural accompaniment of the Qur’an’s perfection: One of the reasons why the Qur’an is perfect is that it comprehensively serves the needs of mankind. For every occurrence – in all places and all times – there is an Islamic ruling that applies to it. The comprehensive nature of Islam’s laws is specific to the message with which Prophet Muhammad (s) was sent. All previously revealed laws were, at least in some ways, specific for instance, one of the most detailed set of revealed laws was the one that was revealed to Moses and it was meant not comprehensively for all of mankind, but specifically for the Children of Israel. Furthermore, no one claimed that those set of laws possessed the qualities of perfection and comprehensiveness.


The Qur’an does not deal exclusively with man’s worldly needs, nor does it deal solely with his religious duties; rather, it comprehensively takes care of both. Likewise, the Qur’an does not take the narrow and unbalanced approach of taking care of the needs of the individual while ignoring the needs of the community, or vice-versa; instead, the Qur’an strikes a perfect balance by comprehensively taking into consideration the needs of both the individual and the community. The individual is a part or a limb, while the community is the whole or the body. Also, the Qur’an does not focus on the importance of the body to the exclusion of the soul, or vice-versa, but instead comprehensively focuses on the important role that each one of them plays. Similarly, the Qur’an does not take into consideration the mind while ignoring emotions, or vice-versa, but rather it comprehensively takes both into consideration. In short, Islamic Law is complete, perfect, comprehensive – and magnificent. In every respect, it strikes a perfect balance. The following Verse is an instance of the Qur’an striking a perfect balance between man’s religious duties and his worldly needs:





“But seek, with that (wealth) which Allah has bestowed on you, the home of the Hereafter, and forget not your portion of legal enjoyment in this world.” (Qur’an 28:77)


Qataadah said, “Here is the meaning of this Verse: Do not lose out on your share of this world; instead, seek out your share of lawful enjoyment and set worldly goals for yourself.”71


In this context, it is important to note that the Shariah does not consist of a set of dry laws or an arbitrary list of dos and don’ts; to the contrary, it calls out to our minds, our hearts, and our emotions, stimulating into life faith that otherwise lies dormant deep within our souls. The Qur’an achieves this effect with the use of such phrases as, “If you are truly believers”, or, “So that perhaps you might fear (Allah (sp)),” or, “So that perhaps you might remember and take heed.” In his sayings, the Prophet (s) was similarly able to awaken dormant faith in the hearts of Muslims by using such phrases as, “Whoever believes in Allah (sp) and the Last Day...”


Manmade laws, on the other hand, are dry and, in many ways, consist of an arbitrary list of dos and don’ts. Manmade laws deal with the surface of problems, while ignoring their underlying reasons and causes; and, while ignoring faith (Eemaan) and the spiritual needs of man, they focus wholly on worldly benefits and harms. In short, manmade laws deal with the problems of any given community in an ineffective and shortsighted manner, whereas Allah’s laws comprehensively take man’s overall


71 Tafseer Al-Qurtubi (13/326).


condition into consideration.72 Allah’s laws strike a perfect balance between achieving benefits for this world and for the Hereafter. No one knows more about what benefits human beings than their Creator, Allah (sp); it is therefore only fitting that we should follow His laws, which are meant for our benefit. Allah (sp) said:





“Should not He Who has created know? And He is the Most Kind and Courteous (to His slaves) All-Aware (of everything).” (Qur’an 67: 14)


Manmade laws not only focus on worldly benefits to the exclusion of benefits of the Hereafter; but they also – regardless of which system of manmade laws one might refer to — strike a pathetically weak and inadequate balance between the needs of the individual and the needs of the community. A capitalist, Western society, for instance, gives the individual an inordinate amount of rights, and meanwhile ignores the rights and needs of the community; conversely, a communist society focuses too much on the rights of the community and too little on the rights of individuals. Other manmade systems of law are little better.


As I have hitherto pointed out, the Qur’an is comprehensive in more than one way; the most salient ways in which it is comprehensive are as follows:


1) Comprehensive of all eras: The Qur’an’s laws and legislations have been compulsory to follow from the time the Prophet (s) was sent to mankind, and they will remain that way until the end of this world. Therefore, there will never come a time on this earth – not now and not later – when it will be permissible for human beings to follow any set of laws other than Islamic Law.


2) Comprehensive of all places: The laws of Islam are applicable not only in the desert lands of Arabia, but also in all of the plains, mountains, jungles, forests, valleys, rivers, seas, and oceans of the earth. There is not a spot on earth on which it is permissible to avoid applying Islamic Law. Allah (sp): said:





“There is none in the heavens and earth but comes unto the Most Beneficent (Allah) as a slave.” (Qur’an 19: 93)


3) Comprehensive of all human beings: It is obligatory for all human beings of all races and colors to follow the laws of Islam. Islamic law is meant as much for the Arabs of the Arabian Peninsula as it is for the inhabitants of Iceland, Europe, Africa, or anywhere else on earth; in fact, the message of Islam was meant not only for all human beings, but for jinns as well. Allah (sp) said:





“And I (Allah (sp)) created not the jinns and humans except they should worship Me (Alone).” (Qur’an 51:56)


And in another Verse, Allah (sp) said:





“Say (O Muhammad (s)): Verily, I am sent to you all as the Messenger of Allah.” (Qur’an 7:158).


4) Comprehensive in the topics it covers: Islamic law deals with all things, and with all aspects of life; in fact, it even deals with laws that relate to animals and to the dead. In short, for every


72 Min Mazaayaa At-Tashree’ Al-Islaamee by Muhammad bin Naasir As-Sahyibaanee, and Majallah Al-Jaami’ah Al-Islaamiyyah Bil-Madeenah Al-Nabawiyyah (number 61, Muharram, 1404 H. pg. 74).


occurrence, for every problem, and for every situation there is an appropriate ruling in Islam. Allah (sp) said:


“We have neglected nothing in the Book.” (Qur’an 6:38)


Section Two:


The Permanent and Lasting Applicability of the Qur’an’s Legislations


As long as there is life on this earth, the laws of the Qur’an remain not only applicable, but completely appropriate and fitting as well. Such is the amazing nature of the Qur’an’s laws that they require neither changes nor amendments.


One of the reasons why the Qur’an’s laws are so timeless is that they are flexible; and yet, at the same time, their foundations are strong and firmly-established. In this way the Qur’an resembles a tree whose roots are firmly established in the ground and whose branches move flexibly with the wind.


In both the Qur’an and Sunnah, there are many proofs that establish the timeless nature of Islam’s laws. I will suffice here by mentioning only two of those proofs. First, in Chapter As-Saff, Allah (sp) said:





“He it is Who has sent His Messenger (Muhammad (s)) with guidance and the religion of truth (Islamic Monotheism) to make it victorious over all (other) religions even though the Mushrikun (polytheists, pagans, idolaters, and disbelievers in the Oneness of Allah and in His Messenger Muhammad (s)) hate (it).” (Qur’an 61: 9)


In this Verse, Allah (sp) explained the purpose of sending Prophet Muhammad (s) to mankind, but He (sp) did not specify any time limit to the applicability of the Prophet’s message, which indicates that it is a timeless message that must be followed until the Day of Resurrection.


And second, Allah (sp) said:





“Verily We: It is We Who have sent down the Dhikr (i.e., the Qur’an) and surely, We will guard it (from corruption).” (Qur’an 15: 9)


The Qur’an’s laws and legislations are safeguarded in two ways. The first, as is indicated in the abovementioned Verse, involves direct protection from Allah (sp): Allah (sp) guaranteed to preserve the Qur’an until the end of time. The Second safeguard requires an effort on the part of Muslims, in that they can help preserve the Qur’an if they apply its teachings on a continual basis until the end of time. It is only logical, after all, that as long as a group of people continue to apply a system of law, that system will become neither lost nor forgotten.


That the Qur’an’s laws are eternal can be attributed to a number of its qualities, among which are the following:


1) Islamic Law is based on pure and complete justice. The One Who created this world and human beings – be He exalted – best knows how to establish justice on earth; hence our dire need to follow His Shariah.


2) Islamic Law is not tainted by the ignorance, desires, biases, and extreme views of weak, created beings. The opposite holds true for all laws that are the handiwork of human beings. After all, human beings, by dint of their inherent weaknesses, ignorance, biases, desires, ambitions, and lusts, are incapable of creating a system of law that is truly just and fair. It matters not whether the founder of a system of law is an individual, a group of people, or generations of legal scholars: manmade laws will inevitably be inadequate, unjust, and tainted by human weaknesses; that is why every generation looks to amend previously legislated laws and sometimes to even form a completely new system of laws.


3) Islamic Law is in harmony with the laws of the universe since its legislator is the Creator of this universe and all that is in it. When Allah (sp) decrees a law for human beings, He does so with the knowledge that they are a part of the universe He (sp) created, and with the knowledge of what their primary role is in that universe. A follower of Islamic Law, therefore, is in harmony with nature and the universe; conversely, a person who does not follow Islamic Law is at odds with the universe around him, and is a rebel amidst a universe that is otherwise harmonious.


4) Islamic Law is the only system of law on earth that emancipates man from slavery to other human beings. As a follower of Islamic Law, a Muslim is a slave only to Allah (sp); followers of all other systems of law take other human beings as deities, by agreeing to obey them instead of Allah (sp). Muslims submit themselves not to the laws of men, but to the laws of the One True God, Allah (sp); as such, they abandon slavery to created beings in favor of slavery to the Lord of all created beings.


5) Islamic Law, since it came from Allah (sp), the Creator of the universe and of all created beings, is founded upon complete knowledge of man’s needs, his inner secrets, and the secrets of the universe in which he lives. All other systems of law have been thought up by men who are no better than me or you: They have limited knowledge of the true nature of man and therefore, in their legislations, decree laws that deal with problems at a very superficial level.


6) Islamic Law strengthens the bonds of brotherhood between all races of men. Under the shade of Islamic Law – as opposed to all other systems of law – racial differences as well as differences in societal status vanish. A community of Muslims is like a single individual, for each of its members shares a common sense of purpose in life and a common set of goals. Allah (sp) said:





“For you were enemies one to another but He joined your hearts together, so that, by His Grace, you became brethren (in Islamic faith)” (Qur’an 3: 103)


Section Three:


The Justice of the Qur’an’s Legislations


Under the shade of Islamic Law, all people are equal. Islamic Law focuses not at all on the outward, physical features of human beings, but on their insides – on their spiritual worth. As equals in society, each individual – be he white, black, or brown; rich or poor – is treated in a fair and just manner. Allah (sp) said:





بِٱلۡعَدۡلِ “Verily Allah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice.” (Qur’an 4: 58)


In this Verse, Allah (sp) orders us to be just not only with people of a certain complexion, nor only with the rich and prosperous members of society, but with everyone. Justice means to give each person what is rightfully his; to remove wrongful aggression and oppression from society; to remove oppression from the weak and oppressed; and, in general, to organize the affairs of society’s members in a way that looks after their collective (as well as individual) needs.73


To be sure, justice is one of the most salient features of Islamic Law. Allah (sp) said:





“Verily, Allah enjoins Al-Adl (i.e., justice and worshiping none but Allah Alone – Islamic Monotheism) and Al-Ihsan (i.e., to be patient in performing your duties to Allah, totally for Allah’s sake and in accordance with the Sunnah (legal ways) of the Prophet (s) in a perfect manner), and giving (help) to kith and kin (i.e., all that Allah has ordered you to give them, e.g., wealth, visiting, looking after them, or any other kind of help, etc.); and forbids Al-Fahsha (i.e., all evil deeds, e.g., illegal sexual acts, disobedience of parents, polytheism, to tell lies, to give false witness, to kill a life without right, etc.), and Al-Munkar (i.e., all that is prohibited by Islamic law; polytheism of every kind, disbelief and every kind of evil deeds, etc.), and Al-Baghy (i.e., all kinds of oppression), He admonishes you, that you may take heed.” (Qur’an 16:90)


In his famous book of Tafseer, Al-Qurtubee wrote, “This Verse lists the most important rulings in Islam; in essence, it summarizes all of the religion and all of Islamic Law.”74


The Noble Qur’an Exhorts Muslims to Act Justly


In more than one Verse of the Noble Qur’an, Allah (sp) declares His love for those of His slaves who are just in their dealings and judgments. For example, Allah (sp) said:





“And if you judge, judge with justice between them. Verily, Allah loves those who act justly.” (Qur’an 5: 42) In another Verse, Allah said:





“Then make reconciliation between them justly, and be equitable. Verily! Allah loves those who are equitable.” (Qur’an 49:9)


And in yet another Verse, Allah (sp) said:





“Allah does not forbid you to deal justly and kindly with those who fought not against you on account of religion and did not drive you out of your homes. Verily, Allah loves those who deal with equity.” (Qur’an 60: 8)


In certain Verses of the Qur’an, Allah (sp) uses the word “balance” or “scale” (in English, it is interesting to note, the word scale is used in the expression, the scales of justice) as a term for justice; for instance, in Verse 7 of Chapter Ar-Rahmaan, Allah (sp) said:


73 At-Tahreer Wat-Tanweer (4/162).


74 Al-Jaam’i Li-Ahkaam Al-Qur’an (5/285).





“And the heaven He has raised high, and He has set up the Balance.” (Qur’an 55: 7)


“Balance” means justice; in the Verses that follow, the word balance" is used twice more:





“In order that you may not transgress (due) balance. And observe the weight with equity and do not make the balance deficient.” (Qur’an 55: 8, 9)


The overall meaning of these Verses is as follows: Just as Allah (sp) has created the heavens and the earth by the truth and with justice, so you too should be just in all of your actions; for if you do so, all things will be based upon truth and justice (i.e., not just Allah’s creation of the universe, but also the actions and interactions of men.75


The aforementioned Verses discuss the blessing of man’s creation, the blessing of revelation, the submission of all that is in the universe to Allah (sp), and the forming of the universe upon truth and justice. Having discussed these matters, the Verses then go on to order human beings to act justly. A similar pattern can be discerned in the following sequence of Verses:





“The Most Beneficent (Allah)! Has taught (you mankind) the Qur’an (by His Mercy). He created man. He taught him eloquent speech. The Sun and the moon run on their fixed courses (exactly) calculated with measured out stages for each (for reckoning, etc.). And the herb (or stars) and the trees - both prostrate. And the heaven He has raised high, and He has set up the Balance. In order that you may not transgress (due) balance. And observe the weight with equity and do not make the balance deficient.” (Qur’an 55: 1 – 9)


In the Noble Qur’an, the concept of justice has a profoundly spiritual meaning. It is not merely a set of laws that are transcribed on scrolls and then stored away on shelves. Nay, indeed: justice in the Qur’an is a virtue that must be applied and that, as the preceding Verses indicate, is a salient feature of the very creation of the universe and all that is in it. The Qur’an elevated the quality of justice to the degree that, in the following Verse, it is juxtaposed with the all important belief of Islamic Monotheism (Tawheed). Allah (sp) said:





“Allah bears witness that La ilaha illa Huwa (none has the right to be worshipped but He), and the Angels, and those having knowledge (also give this witness); (He is always) maintaining His creation in justice. La ilaha illa Huwa (none has the right to be worshiped but He), the All-Mighty, the All-Wise.” (Qur’an 3:18)


75 Tafseer Ibn Katheer (7/495).


In this Verse, we find testimony from Allah (sp), the Angels, Prophets (st) and the people of knowledge that none has the right to be worshipped but Allah (sp) and that Allah (sp) always maintains His creation with justice.76


Just as justice and Islamic Monotheism are juxtaposed in the previous Verse, oppression (or doing wrong) is juxtaposed with polytheism (Shirk) in this Verse:





“Verily! Joining others in worship with Allah is a great Zulm (wrong) indeed.” (Qur’an 31: 13)


Nothing is more beloved to Allah (sp) than justice; conversely, nothing is more detested by Him than wrongdoing and oppression. For this reason, Allah (sp), before making it prohibited for his slaves, made wrongdoing and oppression forbidden for Himself. In a Qudsee Hadeeth, the Prophet (s) related that Allah (sp) said: “O my slaves! Verily, I have made wrongdoing and oppression forbidden upon Myself,77 and I have made it forbidden upon you among yourselves, so do not wrong or oppress one another.”78


That Allah (sp) made oppression forbidden upon Himself is confirmed in this Verse:





“And I am not unjust (to the least) to the slaves.” (Qur’an 50: 29)


And in another Verse, Allah (sp) said:





“And Allah wills no injustice to the ‘Alamin (mankind and jinns).” (Qur’an 3: 108)


In yet another Verse, Allah (sp) said:





“And Allah wills no injustice for (His) slaves.” (Qur’an 40: 31)


And in yet another Verse, Allah (sp) said:





“Truly! Allah wrongs not mankind in aught.” (Qur’an 10: 44)


And Allah (sp) also said:


“Surely! Allah wrongs not even of the weight of an atom (or a small ant).” (Qur’an 4: 40)


Since Allah (sp) made wrongdoing forbidden upon Himself, and since Allah is not in the least unjust to His slaves, it follows that everything He (sp) legislated and decreed is nothing other than pure justice and fairness. For their part, men, if they want to achieve success for both this life and the Hereafter, are left with only one logical choice: To believe in and apply the divinely revealed laws of


76 Tafseer Al-Jalaalain (pg. 67).


77 As for Allah’s Saying, “I have made wrongdoing and oppression forbidden upon Myself”, the people of knowledge say it means: Far above am I from oppressing (others) and doing wrong. Saheeh Muslim with the commentary of An-Nawawee (16/348).


78 Related by Muslim (4/1994).


Allah (sp). Having made wrongdoing and oppression forbidden, Allah (sp) ordered mankind to act justly. Allah (sp) said:


 “Indeed We have sent Our Messengers with clear proofs, and revealed with them the Scripture and the Balance (justice) that mankind may keep up justice.” (Qur’an 57:25)


The Different Spheres of Justice


In the Noble Qur’an, Allah (sp) ordered the Messenger of Allah (s) as well as all believers to act justly; as for the former, Allah (sp) said:


 “And I am commanded to do justice among you.” (Qur’an 42: 15)


“Be just; that is nearer to piety.” (Qur’an 5: 8)


Justice in Islam is not limited to certain actions; it pervades all aspects of human life. And so, in the Noble Qur’an, Allah (sp) ordered Muslims to be just always and in all of the different spheres of their lives. When they speak, they must speak in a just, upright, and fair manner:


 “And whenever you give your word (i.e., judge between men or give evidence, etc.), say the truth even if a near relative is concerned.” (Qur’an 6: 152)


When they act, they must act justly:





وَٱلَۡۡقۡرَبِينَ “O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your kin.” (Qur’an 4:135)


In their family dealings they must act justly and equitably:





They must be honest and just in their financial dealings:


 “Let a scribe write it down in justice between you.” (Qur’an 2: 282)


فَلۡيُمۡلِلۡ وَلِيُّهُ بِٱلۡعَدۡلِ “Then let his guardian dictate in justice.” (Qur’an 2: 282)


They must act justly in all matters that are of a judicial nature:


“And take for witness two just persons from among you (Muslims). And establish the witness for Allah.” (Qur’an 65: 2)


Even in matters of worship – such as when one intentionally kills an animal that is forbidden to him because of the inviolability of the Sanctuary of Makkah - they must act justly:





“And whosoever of you kills it intentionally, the penalty is an offering, brought to the Ka’bah, of an edible animal (i.e., sheep, goat, cow, etc.) equivalent to the one he killed, as adjudged by two just men among you.” (Qur’an 5: 95)


They must act justly not only in their outward dealings, but also in the choices they make deep down in their hearts:


“And let not the enmity and hatred of others make you avoid justice. Be just; that is nearer to piety.” (Qur’an 5: 8)


When they act as rulers or judges, they most certainly must be just and fair:


“And that when you judge between men, you judge with justice.” (Qur’an 4: 58)


Even with their enemies they are commanded to act justly:





“And fight them until there is no more Fitnah (disbelief and worshiping of others along with Allah) and (all and every kind of) worship is for Allah (Alone). But if they cease, let there be no transgression except against Az-Zalimun (the polytheists, and wrongdoers, etc.).” (Qur’an 2:193)


And they are commanded to act justly with all of their Muslim brothers, with those among them who are noble and righteous, as well as with those among them who are evil-doers:





“Then fight you (all) against the one that which rebels till it complies with the Command of Allah; then if it complies, then make reconciliation between them justly, and the equitable. Verily! Allah loves those who are equitable.” (Qur’an 49: 9).


What we have discussed hitherto underscores the importance of justice; that being the case, we should not be surprised to learn that the command to act justly is part of the Covenant that Allah (sp) made with His slaves:





“And give full measure and full weight with justice. We burden not any person, but that which he can bear. And whenever you give your word (i.e., judge between men or give evidence, etc.), say the truth even if a near relative is concerned, and fulfill the Covenant of Allah, This He commands you, that you may remember.” (Qur’an 6: 152).


True justice means that each person in society is given the rights he deserves; for this reason, many texts from the Qur’an and Sunnah explain in detail the rights of every individual – such as the rights of a father, mother, son, wife, husband, leader, and each citizen of the Muslim nation. A master is not the only one who is given rights in Islam; his slave is given an ample amount of rights as well.


That each individual Muslim receives the rights he deserves is perhaps most clearly noticeable in the Islamic laws of inheritance. Every relative gets his fair share of the deceased’s estate: The father has a share, the mother has a share, as do sons, daughters, brothers, and sisters; and, when warranted, even extended family members can receive a share of the deceased’s estate.


As for the penal code in Islamic Law, individual criminals receive a just punishment that fits the crime. Allah (sp) said:


مِّثۡلُهَا


“The recompense for an evil is an evil like thereof.” (Qur’an 42: 40)


And in another Verse, Allah (sp): said:


“And if you punish (your enemy, O you believers in the Oneness of Allah), then punish them with the like of that with which you were afflicted.” (Qur’an 16: 126)


In summary, as long as we believe that the laws of Islam have been revealed by Allah (sp), and as long as we have faith in the fact that justice is one of Allah’s attributes, we must consequently believe with certainty that the laws of Islam are perfect and just. Furthermore, we must have complete faith in the fact that justice is the dominant feature of Qur’anic legislations and laws.79


The concept of justice in the Qur’an is not limited to the goings on of this world; instead, it extends to what will happen in the Hereafter. In this world, human beings are charged with the duty of establishing justice on earth. In the Hereafter, however, Allah (sp) will take it upon Himself to be the sole distributor of justice, rewarding His obedient slaves with Paradise, and punishing His disbelieving slaves with the Hellfire. Allah (sp) said:





أَعۡمَٰلُنَا وَلَكُمۡ أَعۡمَٰلُڪُمۡ “But say: I believe in whatsoever Allah has sent down of the Book (all the holy Books, this Qur’an and the Books of the old from the Torah, or the Injeel (Gospel) or the Pages of Ibrahim (Abraham)) and I am commanded to do justice among you, Allah is our Lord and your Lord. For us our deeds and for you your deeds.” (Qur’an 42: 15)


In these Verses we see how justice is strongly linked to both this world and the Hereafter. In the middle of the Verse, the Prophet (s) declares his responsibility to be just in his dealings among men, particularly regarding his duty to convey the message of Islam to them as well as situations wherein he is called upon to mediate their disputes. Then, in the end of the Verse, we are reminded of the fact that justice will be meted out to human beings in the Hereafter: Each person will be rewarded or punished


79 Min Mazaayaa At-Tashree’ Al-Islaamee (pg. 69, 70).


for his deeds, and each person will neither benefit from the good deeds of others nor be harmed by their misdeeds.


The Differences Between Justice in Islamic Law and Other Systems of Law


Manmade laws are at best superficial attempts at implementing justice. They deal only with the surface of problems and not with their root causes. This is a natural consequence of man not being fully acquainted with his own nature, never mind the nature of the universe’s laws. Furthermore, manmade laws ignore issues such as faith in Allah (sp) and the Hereafter. Islamic Law, on the other hand, comes from Allah (sp), the Lord, Creator, and Sustainer of the universe. He (sp) best knows the nature of man, what is in his best interests, and the laws of the universe; hence He (sp) alone can decree a system of laws that is truly and completely just. In Islamic Law, individual Muslims act not merely out of a fear of being punished in this life for their crimes; their motives are much more profound and nuanced. They hold themselves accountable, fearing what will happen to them in the Hereafter as a result of their actions. Furthermore, they act out of a desire to be admitted into Paradise and to be saved from the Hellfire. Hollow Manmade laws do not have anywhere the same effect on individual citizens; under a system of manmade laws, the best members of society act based on the dictates of their consciences; under any given circumstances, they, in order to satisfy their consciences, do what they think is right. Everyone else tries to get away with as much as possible, abstaining from criminal acts only out of a fear of being punished by the authorities.


In Islam, Allah (sp) orders individual citizens to be just in all aspects of their lives:


O you who believe! Stand out firmly for justice, as witnesses to Allah, even though it be against yourselves, or your parents, or your kin.” (Qur’an 4:135)


In this Verse, Allah (sp) uses the word Qawwaameena instead of Qaaimeenah. Had Allah (sp) used the latter, the Verse would have meant: “Stand out firmly for justice (which is the translation mentioned above; this goes to show that translations cannot give a true and complete rendering of the original Arabic of the Qur’an. But the Verse contains the former Qawwaameenah – which means more than “stand out firmly”; it means, with an added degree of emphasis, “Stand out firmly over and over again.”


In Islamic Law, Muslims must be just even when dealing with those whom they hate:





“And let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety.” (Qur’an 5: 8)


One of the main features of Islamic Law is the permanence and fixedness of its laws. What was the truth yesterday is the truth today, which is why the laws of Islam have been applicable from the time of the Prophet (s), and will continue to be applicable until the end of this world. Manmade laws, on the other hand, are constantly changing. Because of their arbitrary nature, manmade laws deem lawful a practice one year, and forbid it the next. One hundred years ago, for instance, the death penalty was in effect in England. In recent years, many Western countries have abolished the death penalty for many crimes, giving the excuse that the death penalty is an unjust and extreme form of punishment. What this means is that, by their own admission, they ruled over one another in the past in an unjust and oppressive manner. Such is the nature of manmade laws: Because it consists of falsehood, it always changes, whereas the foundations of the divinely revealed laws of Islam are permanent and fixed.


Testimonies from Islam’s Enemies


Even during the lifetime of the Prophet (s), some of the staunchest of Islam’s enemies bore witness to the justness of Islam’s laws. The Prophet (s) and his Companions (rp), it should be remembered, lived in close proximity to communities from the People of the Book. In more than one instance, disputing


Jews or Christians, not being satisfied with the laws of their own religion, went to the Prophet (s), asking him to mediate their disputes based upon Islamic Law.


The justness of Islamic Law has caught the attention of many contemporary Christian thinkers and scholars. Here are just a few examples of what prominent Western figures have said about Islamic Law:


1) The eminent historian Gustav Laubon said, “The truth is that the Nations of this world have not seen conquerors that have been more forgiving and lenient than Arabs; nor have they encountered a religion that is more forgiving and merciful than that of the Arabs.”80


2) The famous scholar Robertson said, “It is only the Muslims that have managed to combine a strong level of zeal for their religion with a spirit of forgiveness and justice towards the followers of other religions. Despite their great enthusiasm for spreading their religion, they, based on their own religious leave alone those who do not desire to embrace Islam.”81


3) Maishod said, “The very Qur’an that has commanded its followers to perform Jihad is very forgiving towards the followers of other religions. For instance, it has exempted priests, monks, and their servants from the obligation of paying taxes. And Muhammad (s) forbade the killing of monks because of their dedication to acts of worship. And contrary to how the crusaders later slaughtered Muslims and barbarously burned Jews alive, Umar bin Al-Khattaab (r), upon entering Jerusalem, did not harm its Christian inhabitants in the least.”82


4) Elsewhere in his book, Gustav Laubon wrote, “Unequivocally and sincerely, Arabs believe in and apply the principle of equality (among all members of society). True, equality is a principle that is championed in Europe, but it is championed with words and not actions. Conversely, equality is a principle that is deeply ingrained (for religious reasons) in the hearts of the people of the East. There is no precedent among Muslim societies of the class disparities (and struggles) that led to major upheavals in Western societies. The same class struggles continue to be waged today. In the East, however, it is not uncommon for a servant to marry the daughter of his master, or for mere laborers to climb the ladder of success until they became prosperous and highly-respected members of society.”83


5) Dr. Will Durant expressed a similar degree of amazement at the degree to which the principle of equality is given importance in Qur’anic Law: “In Muslim societies, slaves were allowed to get married, and, if their children showed a basic level of intelligence, they would learn (under the tutelage of a master or teacher). One would probably be surprised upon learning of the number of children of slaves that later became eminent scholars or rulers. The most famous example of slaves becoming leaders after they embraced Islam is the history of the Mamaaleek of Egypt.”84