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Justice is blind. But we should not be blind to justice.

Justice is blind. But we should not be blind to justice.
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September 21, 2024
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كَانَ ٱلنَّاسُ أُمَّةࣰ وَ ٰ⁠حِدَةࣰ فَبَعَثَ ٱللَّهُ ٱلنَّبِیِّـۧنَ مُبَشِّرِینَ وَمُنذِرِینَ وَأَنزَلَ مَعَهُمُ ٱلۡكِتَـٰبَ بِٱلۡحَقِّ لِیَحۡكُمَ بَیۡنَ ٱلنَّاسِ فِیمَا ٱخۡتَلَفُوا۟ فِیهِۚ وَمَا ٱخۡتَلَفَ فِیهِ إِلَّا ٱلَّذِینَ أُوتُوهُ مِنۢ بَعۡدِ مَا جَاۤءَتۡهُمُ ٱلۡبَیِّنَـٰتُ بَغۡیَۢا بَیۡنَهُمۡۖ فَهَدَى ٱللَّهُ ٱلَّذِینَ ءَامَنُوا۟ لِمَا ٱخۡتَلَفُوا۟ فِیهِ مِنَ ٱلۡحَقِّ بِإِذۡنِهِۦۗ وَٱللَّهُ یَهۡدِی مَن یَشَاۤءُ إِلَىٰ صِرَ ٰ⁠طࣲ مُّسۡتَقِیمٍ

All mankind used to be a single Ummah (i.e. on a single faith). Then (after they differed in matters of faith), Allah sent prophets as bearers of good news and as warners, and sent down with them the Book with Truth to judge between people in matters of their dispute. But it was no other than those to whom it (the Book) was given who, led by envy against each other, disputed it after the clear signs had come to them. Then Allah, by His will, guided those who believed to the truth over which they disputed; and Allah guides whom He wills to the straight path. (2:213)

Delivering justice is a fundamental principle

There are many similar verses to this, which talk about the importance of delivering the truth and promoting justice and being just. In this very unique verse, Allah is opening for us a window to the Unseen, giving us a glimpse of the historical events which we did not witness. He is telling us that He created Adam and Eve and from them descended their children and nations, and without doubt among them, they have differences and disputes. That is why Allah sent down the Book to teach them how to deliver justice.

لَقَدۡ أَرۡسَلۡنَا رُسُلَنَا بِٱلۡبَیِّنَـٰتِ وَأَنزَلۡنَا مَعَهُمُ ٱلۡكِتَـٰبَ وَٱلۡمِیزَانَ لِیَقُومَ ٱلنَّاسُ بِٱلۡقِسۡطِۖ وَأَنزَلۡنَا ٱلۡحَدِیدَ فِیهِ بَأۡسࣱ شَدِیدࣱ وَمَنَـٰفِعُ لِلنَّاسِ وَلِیَعۡلَمَ ٱللَّهُ مَن یَنصُرُهُۥ وَرُسُلَهُۥ بِٱلۡغَیۡبِۚ إِنَّ ٱللَّهَ قَوِیٌّ عَزِیزࣱ

We have indeed sent Our messengers with clear proofs, and sent down with them the Book and the Balance, so that people may uphold equity. And We sent down iron in which there is strong power, and benefits for the people; and (We did it) so that Allah knows the one who helps Him and His messengers without seeing (Him). Surely Allah is Strong, Mighty. (57:25)

Differences are part of life – even within the same house among siblings, or within friends, colleagues and mosques.

How do we judge between two parties in a dispute?  

Sometimes the differences between people and nations escalate to a dispute. When this happens, our point of reference should not be our personal opinions or our cultural biases. In this verse, Allah is saying that the criterion we use to judge such disputes is the divine law which He sent us with the prophets and messengers. The divine guidance teaches us how to live with justice, fairness and equity, and how to treat each other with regard to the boundaries.

Otherwise, it is a jungle. The strongest takes his right and transgresses beyond the boundaries because he can, and the weak is crushed beneath the fist of oppression, unable to defend his rights.

In a similar context, we have civil law, which we follow, and international law, and we have courts and judges and conflict resolution specialists. The focus of these individuals and institutions is to deliver justice. Without doubt, nothing can compete with the divine law of God, as it delivers full justice.

In another verse, Allah Almighty says,

۞ إِنَّ ٱللَّهَ یَأۡمُرُكُمۡ أَن تُؤَدُّوا۟ ٱلۡأَمَـٰنَـٰتِ إِلَىٰۤ أَهۡلِهَا وَإِذَا حَكَمۡتُم بَیۡنَ ٱلنَّاسِ أَن تَحۡكُمُوا۟ بِٱلۡعَدۡلِۚ إِنَّ ٱللَّهَ نِعِمَّا یَعِظُكُم بِهِۦۤۗ إِنَّ ٱللَّهَ كَانَ سَمِیعَۢا بَصِیرࣰا

Surely, Allah commands you to deliver trusts to those entitled to them, and that, when you judge between people, you judge with justice. Surely, excellent is the exhortation Allah gives you. Surely, Allah is All-Hearing, All-Seeing. (4:58)

The judge has to be impartial

The command of God to humanity is to judge justly. Imagine if a judge sided with one party against the other unfairly. Such a person would not be fit to give a legal verdict. Impartiality and neutrality are key when you have to judge between two parties. Feelings, personal biases or preferences should not influence the verdict.

Allah Almighty says:

يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ كُونُواْ قَوَّـٰمِينَ لِلَّهِ شُهَدَآءَ بِٱلۡقِسۡطِۖ وَلَا يَجۡرِمَنَّكُمۡ شَنَـَٔانُ قَوۡمٍ عَلَىٰٓ أَلَّا تَعۡدِلُواْۚ ٱعۡدِلُواْ هُوَ أَقۡرَبُ لِلتَّقۡوَىٰۖ وَٱتَّقُواْ ٱللَّهَۚ إِنَّ ٱللَّهَ خَبِيرُۢ بِمَا تَعۡمَلُونَ

You who believe, be steadfast in your devotion to God and bear witness impartially: do not let hatred of others lead you away from justice, but adhere to justice, for that is closer to awareness of God. Be mindful of God: God is well aware of all that you do. (5:8)

No matter what your feelings are you have to be neutral when you pass judgement, otherwise you are not fit to judge between two parties. In such cases, where the judge cannot remain impartial – whether it is because he prefers a certain party, or dislikes the other party – he should transfer the case to someone else. True justice is beyond emotions.

No one is above the law

In the application of the Prophet (peace be upon him) at different times and on different occasions, he said that even it were his daughter who stole something, he would not have have pardoned her on the basis of their relationship.

Jabir (may Allah be pleased with him) narrated that the Prophet (peace be upon him) said:

عَنْ جَابِرٍ، أَنَّ امْرَأَةً، مِنْ بَنِي مَخْزُومٍ سَرَقَتْ فَأُتِيَ بِهَا النَّبِيُّ صلى الله عليه وسلم فَعَاذَتْ بِأُمِّ سَلَمَةَ فَقَالَ النَّبِيُّ صلى الله عليه وسلم”‏ لَوْ كَانَتْ فَاطِمَةَ بِنْتَ مُحَمَّدٍ لَقَطَعْتُ يَدَهَا ‏”‏ ‏.‏ فَقُطِعَتْ يَدُهَا‏.‏

A woman from Banu Makhzum stole (something), and she was brought to the Prophet. She sought the protection of Umm Salamah, but the Prophet said: “If Fatimah bint Muhammad were to steal, I would cut off her hand.” And he ordered that her hand be cut off. (Nasa’i)

There is no favouritism. If it is your child who breaks the law, it does not give you the right to circumvent the law, or pervert the course of justice or alter the ruling. Unless we truly follow divine law, and the command of God to be just among ourselves, our children, our families and our society, transgression spreads.

The command from Allah is clear in the Quran, when He said:

وَلَا تَأْخُذْكُمْ بِهِمَا رَأْفَةٌ ف۪ي د۪ينِ اللّٰهِ اِنْ كُنْتُمْ تُؤْمِنُونَ بِاللّٰهِ وَالْيَوْمِ الْاٰخِرِۚ

and do not let pity for them make you lenient in ˹enforcing˺ the law of Allah, if you ˹truly˺ believe in Allah and the Last Day. (24:2)

Unfortunately this is what we are seeing on a daily basis in different scenarios. The rules are set not to be broken. Even if it is a relative of the judge or ruler, no one is above the law. When we try to find excuses to break the rules, this is where we are contributing to transgression and injustice, which is very detrimental for any community.

In his Farewell Sermon, when the Prophet (peace be upon him) was addressing all humanity, he said:

You should not commit transgression, you should not commit transgression, you should not commit transgression. (Musnad Ahmad)

The reason he emphasised this was because the consequences of transgression are severe. It creates disunity and grudges, and it breeds hatred. This is why Allah is telling us we need to be just and fair and promote justice.

Bring criminals to justice

To kill civilians is an act of transgression. It is an act of terror. When this is done the normal reaction would be to condemn it and sanction the party or nation. However, if you turn a blind eye to it, or try to justify it, and dismiss it, that is wrong.

It is tragic and as stated by the UN, a flagrant human rights violation, that 20 people died and thousands of people were injured in Lebanon this week in an act of terrorism.

The consequence of transgression is not just severe in the Hereafter, but also in this world. We should be agents of goodness and justice and abide by the law. What message are we sending to our children, when we do not sanction transgressors and when we side with injustice?

We need to correct this and stick to the law and respect human rights and international law and the court of justice, otherwise it is double standards, which is unacceptable. Our role as citizens is to raise our voices and say no one is above the law – whether it is local, or international. We have to do our best to chase criminals.

It is deeply painful to witness the daily massacres of people in Palestine and the violence against the people of Lebanon. It has been nearly a year since the mass killing of innocent civilians but there have been no sanctions. The statistics are horrific, and behind each number is a life that endured deep tragedy, and was robbed of its future.

Without justice we will not see peace.

We ask Allah to enable us to be among just people and those who promote goodness. Ameen.

Based on the Khutbah of Shaykh Haytham Tamim 20th Sept 2024

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Shaykh Haytham Tamim is the founder and main teacher of the Utrujj Foundation. He has provided a leading vision for Islamic learning in the UK, which has influenced the way Islamic knowledge is disseminated. He has orchestrated the design and delivery of over 200 unique courses since Utrujj started in 2001. His extensive expertise spans over 30 years across the main Islamic jurisprudence schools of thought. He has studied with some of the foremost scholars in their expertise; he holds some of the highest Ijazahs (certificates) in Quran, Hadith (the Prophetic traditions) and Fiqh (Islamic rulings). His own gift for teaching was evident when he gave his first sermon to a large audience at the age of 17 and went on to serve as a senior lecturer of Islamic transactions and comparative jurisprudence at the Islamic University of Beirut (Shariah College). He has continued to teach; travelling around the UK, Europe and wider afield, and won the 2015 BISCA award (British Imams & Scholars Contributions & Achievements Awards) for Outstanding Contribution to Education and Teaching.

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