Chapter 16: Justice is a necessity in everything, while a Fav Favor or is recommended
The following is one of the chapters from the book of Shaikh `Abdul Rahmaan Ibn Naser al-Sa`dee , “al-Qawaaid wal-Usool al-Jaami`ah” al-Jaami`ah ”, with the brief comments by Shaikh Muhammad Ibn Saaleh al-`Uthaymeen covered under this chapter: Definition Justice does not mean equality Between punishment and patience When it is better not to forgive Justice in retaliation Justice should be a part of everyday life Hardship opens the door to relief An eye for an eye The motivation to do favors
. The following points are
DEFINITION: Shaikh al-Sa`dee
said:
(Justice): is that you give which is upon you in the same way as you would claim that which is for you. (Favor): it can be “real act of kindness” or “doing more than what is obligatory” obligatory ”.
[1]
****************************************************************************** Shaikh Muhammad Ibn Saaleh al-`Uthaymeen
commented:
[1] Example of “real act of kindness”: A person gives away 100 Riyals as charity. Example of “kindness over what is required”: a person owes 100 Riyals (to a labor for his services) but instead he gives him 110 Riyals. (This extra 10 Riyals is an act of kindness over what was required).
JUSTICE DOES NOT MEAN EQUALITY: Shaikh Ibn al-`Uthaymeen
continues:
Here we need to know is that what is required is
(Justice) and not
(Equality), as we hear
or read from some of the writers that from the religion of Islaam is that it is the religion of Equality. But nowhere is it mentioned in the Qur’aan or the Sunnah that the Deen of Islaam is the Deen of Equality. Allaah neither commanded (the rule of) Equality nor did He praise it. Rather, most of the time what is mentioned in the Qur’aan in regards reg ards to Equality is the negation of Equality not its affirmation. Allaah
says:
{Not equal among you are those who spent and fought before the conquering (of Makkah) (with those among you who did so later)} [Surah al-Hadeed (57): 10] And His
saying:
{Are the blind and the one who sees equal?} [Surah al-Maaidah (5): 50] And His
saying:
{Say: “Are those who know equal to those who know not? ”} [Surah al-Zumar (39): 9] The verses in this regards are many. The call for Equality might be true (to some extend), but the intent behind it is evil. They intend with with it the Equality between men and women, between between a freeman and a slave, between the owner and the owned and what is similar to that* that *. But what Allaah
has commanded is
(Justice) – (Justice) – i.e. i.e. giving every rightful person his rights and this is
what is in accordance with the Sharee`ah. Allaah
said:
{Verily, Allaah enjoins Al-`Adl and Al-Ihsaan} Al-Ihsaan} [Surah [Surah al-Nahl (16): 90] The call for Equality is popular among the people but it is wrong. The best is what Allaah conveyed us i.e.
has
(Justice). For example: If you decide to give something to your children: the
justice here is to give the boy twice of what is given to the girl. But the one who speaks about equality will say that they should be given equally. *[Translator’s Note: Further to this point, the worst type of Equality is when some people try to Equate between Allaah and other false “gods”; “gods”; between Islaam and other false religions; between Sunnah and Bid`ah; between the Muslimeen and the Mujrimeen (those who associate others with Allaah); between the Mu’mineen and the Faasiqeen (disobedient); between the Muttaqeen (pious) and the Fujjaar (wicked); between the Muhsineen (those who do good deeds) and the Mufsideen (evil doers). If this was done by someone outside of Islaam, then we would have paid no attention to him. But the reality is that this is done by those who profess Islaam as their religion, but celebrate and participate in pagan festivals like Christmas, Halloween, Ganpati (a Hindu festival), Holi (Hindu festival of colors), Diwali (Hindu festival of light), etc.] etc.] ==============================================================================
BETWEEN PUNISHMENT AND PATIENCE: Shaikh al-Sa`dee Allaah
said:
said:
{and act justly, indeed, Allaah loves those who act justly} [Surah al-Hujuraat (49): 9] Allaah
also said:
{And if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed. But if you are patient - it is better for those who are patient.} [Surah al[2] Nahl (16): 126] ****************************************************************************** Shaikh Muhammad Ibn Saaleh al-`Uthaymeen [2] The Justice here is in the saying of Allaah [2] The which you were afflicted}. afflicted} . And the Favor is in His
commented: is: {then punish them with the like of that with saying: {But if you endure patiently} .
==============================================================================
WHEN IT IS BETTER NOT TO FORGIVE: Shaikh al-Sa`dee Allaah
said:
said:
{The recompense for an evil is an evil like thereof, but whoever forgives and makes [3] reconciliation, reconciliatio n, his reward is due from Allaah.} All aah.} [Surah al-Shooraa (42): 40] ******************************************************************************
Shaikh Muhammad Ibn Saaleh al-`Uthaymeen [3] The saying of Allaah [3]
commented:
: {but whoever forgives and makes reconciliation} , i.e. only if by
forgiveness he (the perpetrator) can be reformed. This constraint is applied in all the textual evidence where the merit of
(forgiveness, pardon) is mentioned. Verily, it is essential that
forgiveness should consist of reformation; for forgiveness without reformation is not beneficial and not commendable. For example: If a person wrongs another and he is known for his wickedness and aggression, then it is not from reformation that he should be forgiven. This is because he will only persist in his evil. But if a person became aggressive (and wrongs someone) while he is known for his politeness and non-aggression, but he slipped and did a wrong; then pardoning him is a means to reform him. Similarly, in case of traffic accidents, if a person who caused it is known for his reckless driving, carelessness for the traffic rules and lack of concern for the public safety, if the authority spares and pardons him, then this pardoning is not in the general interest (of the society). Rather, what is beneficial is that he should be made to pay for the damages and then punished accordingly. ==============================================================================
JUSTICE IN RETALIATION: Shaikh al-Sa`dee Allaah
said:
permitted that the wrongdoer should be made to compensate equivalent to the
damage done – done – and and this is Justice. Thereafter if he is pardoned – – then then this is a Favor (upon [4] him). ****************************************************************************** Shaikh Muhammad Ibn Saaleh al-`Uthaymeen
commented:
[4] A Question: If a person attacks another person and tears his Thobe (dress), so should the one [4] A who is wronged be made to retaliate by tearing the Thobe of the one who attacked? Answer: Some of the scholars said: No, he should not tear (the Thobe of the attacker) unless the Answer: Some Thobe is similar to his own so that justice is served between the two actions. If the Thobe of the one being attacked was of inferior quality which does not exceed Ten Riyals, but the other one (the attacker) has the Thobe which costs Hundred Riyals, Riyals, then his Thobe should not be tor n. Other scholars said: This returns back to the judgment of the judge. If he sees that it is better to let the one who was wronged to retaliate for the offence of equal nature, then this is good, and this is
justice; even if i f the value of the Thobe (of the wrongdoer) is much greater than the one which was torn in the first place. The issue here is more regarding the morality rather than the monetary value. If a person hit another person on his head or his back, then the justice is that he should be allowed to hit back. But there is an issue here, if the one who was wronged were allowed to retaliate by himself, he would hit the offender with a force stronger than what he had himself sustained. Therefore, the one who was wronged is advised to authorize someone on his behalf who can hit the offender in the similar way; and upon the one who is authorized should deal with justice. ==============================================================================
JUSTICE SHOULD BE A PART OF EVERYDAY LIFE: Shaikh al-Sa`dee
said:
Similarly, Justice is an essential part of everyday dealing and transaction, i.e. giving what is due upon you and receiving what is for you, while being gracious in it is recommended. Allaah
said:
{And do not forget graciousness between between yourselves} [Surah al-Baqarah (2): 237] {Graciousness} , here is for
(pardoning), i.e. forfeiting some of the rights and being
generous in the dealings. Allaah
permitted to demand immediate repayment of the
debt from the one who has the means, but He
commanded to give some respite to the
insolvent; and this is Justice and then (there is encouragement towards changing it to) a Favor, as Allaah said:
{And if the debtor is in a hard time (has no money), then grant him time till it is easy for him to repay, but if you remit it by way of charity, that is better for you if you did but know.} [Surah al-Baqarah (2): 280]
And Allaah
made it permissible to mix the affairs of the orphans in terms of food and
drink, that it should be carried out based on justice accompanied with favor while taking precaution (of not devouring their wealth). Allaah said:
{And if you mix your affairs with theirs, then they are your brothers. And Allaah knows [5] him who means mischief from him who means good} [Surah al-Baqarah (2): 220] *********************************************************************************
HARDSHIP OPENS THE DOOR TO RELIEF: Shaikh Muhammad Ibn Saaleh al-`Uthaymeen [5] This [5] This is part of the principle: ( the saying of Allaah
commented: ) “Hardship “ Hardship opens the door to relief ”, ”, because of
:
{And if you mix your affairs with theirs, then they are your brothers. And Allaah knows him who means mischief from him who means good. And if Allaah had wished, He could have put you into difficulties.} [Surah difficulties.} [Surah al-Baqarah (2): 220] Meaning: (Had Allaah
so Willed), He
could have made it difficult for you my making you
prepare the food for the orphans from their wealth in a separate container, and your food (from your wealth) in a separate container. But Allaah (out of His Generosity) made it permissible to mix the wealth of the orphans, that which is related to their food and drink, with the wealth of their caretaker so that it does not become difficult and tiring for them. =================================================================================
AN EYE FOR AN EYE: Shaikh al-Sa`dee Allaah
said:
said:
{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. ”} [Surah al-Maaidah (5): 45] This is justice.
[6]
Then Allaah
further says:
{But if anyone remits the retaliation by way of charity, it shall be for him an expiation.} [Surah al-Maaidah (5): 45] And this is a favor. And Allaah
says:
{Allaah does not like that the evil should be uttered in public except by him who has been wronged} [Surah al-Nisaa’ al-Nisaa’ (4): 148] Meaning: it has been made permissible for the person who has been wronged so that he [7] can get his retribution and justice. ********************************************************************************* Shaikh Muhammad Ibn Saaleh al-`Uthaymeen
commented:
[6] {And We ordained therein for them} , meaning, in the Tawraat. {Life for life}, life}, an elderly, sane, knowledgeable, rich person will be killed (by the authority) as retribution for killing an infant, this is “life for life”; the sane will be killed for killing the insane. If a sane person kills an insane person, he would be killed in retribution. But in no case will a Muslim be killed for killing a Kaafir, no matter what the condition is, even if there was a treaty between them or he was under the protection or someone living in Muslim land. And the saying of Allaah
eye}, the only exception in this case is when the offender has : {eye for eye},
only one eye while the one who was wronged has both the eyes. So in this case, the eye of the offender will not be put out; because if we were to do so, then we will be taking away one of his
senses, i.e. his sight; because when he harmed the other person, he harmed (only one of) his eye but not his sight. This is why the scholars have said that in this case, that when the perpetrator has only a single eye, his eye will not be taken (as punishment), but he will have to pay the complete blood money for harming the eye. But if it comes to knowledge that this one-eyed perpetrator intentionally did that while he knew that he will not be punished, then in this case, his eye will be eye}. There is another opinion in this matter: taken out because of the saying of Allaah : {eye for eye}. the eye will be taken out in any case and it will be said to him (the single-eyed perpetrator): you have harmed yourself! And the saying of Allaah
tooth} , no doubt a similar tooth will be taken out in : {tooth for tooth},
retaliation. Example, the premolar tooth will not be taken out for an incisor; but an incisor for an incisor and a molar for a molar. And the saying of Allaah
: {and wounds equal for equal} . If the offender wounded someone,
then he will be afflicted with a similar wound. But if a similar wound cannot be afflicted upon him, then he has to pay the blood money according to the damage he has caused. [7] If someone insults you then you can insult him; and if someone defames you, you can defame [7] If him as long as you don’t go into excess. e xcess. This is why the Prophet said:
{When two men insult one another, what they say is mainly the fault of the one who began it, so long as the one who is oppressed does not transgress.} [Saheeh Muslim (6263)] Question: What takes place between the people who have quarreled is that when one of them Question: speaks about the wrongs that have been done to him, he includes in his speech a lot of backbiting. So is that also included in the statement of Allaah : {except by him who has been wronged} ? Answer: It could be likely that the meaning of the Aayah is for the time when there are quarrels and disputes, disputes, but in fact the meaning is more general than that. It can also be said: “uttering evil in public”, means complaining to someone in authority who can give back his rights an d restore the damages. But as for backbiting, then this is not allowed. =================================================================================
THE MOTIVATION TO DO FAVORS: Shaikh al-Sa`dee
:
Despite this, the motivation to do Favors (to others) is mentioned in the saying of Allaah :
{And not equal are the good deed and the bad. Repel [evil] by that [deed] which is better; and thereupon the one whom between you and him is enmity [will become] as though he [8] was a devoted friend.} [Surah al-Fussilat (41): 34] So Justice and Favor are the two positions for the fair minded people, other than this is only oppression. And from the branches of this principle are: Acts of worship like: Tahaarah (purification), Salaah (prayer), Saum (fasting), and Hajj (pilgrimage) and other than them. There are those who lack in fulfilling that which they have been commanded (and they are the oppressors). Then there are those who abide by it and this thi s is Justice. But completeness is when a person does the optional acts of worship after fulfilling the obligatory ones and this is Favor (upon oneself). ********************************************************************************* Shaikh Muhammad Ibn Saaleh al-`Uthaymeen
commented:
[8] This is what changes the hearts. If a person harms you, then you should repel his harm by doing [8] This good to him, even if he was an enemy to you, he will become a close friends of yours. But for some people, they are led by arrogance to more crime. They say: this is not possible. He cannot become my friend. We say to him: Be patient and repel evil with good. Verily, what Allaah has promised will happen. =================================================================================
