Outline

1. System of Justice in Islam

a. Philosophy
b. System

2. Justice in Quran and Fiq

3. Special Characteristics
4. Deliverables
a. Social Justice
b. Equality

5. Appraisal/Epilogue
 Components of Social System of
Islam
i. Social System
ii. Political System
iii. Economic System
iv. Judicial System
v. Administrative System
vi. Legislation
Procedure of Ijmah and Ijtehad
System of Justice
Two Components
◦ Judicial System
◦ System of Courts
◦ Social Justice
◦ Practical/Philosophy of Justice
What is Justice

Justice is the ideal, morally correct state

of things and persons, involving the fair,
moral, and impartial treatment of all
persons, especially in law

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What is Justice

Justice is the condition in which every person and every

part of a whole (e.g. every part of the soul of a person,
or every citizen or group in the state) performs its
proper function and receives its proper reward

(John Howard Sobel)

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The word(s) "Justice" appears 24 time(s) in 22
verse(s) in Quran (Muhammad Pickthal’s Translation)

(1) Whencesoever thou comest forth turn thy face toward the Inviolable Place of Worship; and
wheresoever ye may be (O Muslims) turn your faces toward it (when ye pray) so that men may have no
argument against you, save such of them as do injustice - Fear them not, but fear Me! - and so that I
may complete My grace upon you, and that ye may be guided. 
(  ‫بقرة‬,,‫ورة لا‬,‫ س‬ , Al-Baqara, Chapter #2, Verse #150)
(2) Allah (Himself) is Witness that there is no Allah save Him. And the angels and the men of learning
(too are witness). Maintaining His creation in Justice, there is no Allah save Him the Almighty, the Wise. 
( ‫ن‬,‫لعمرا‬,,‫ورة آ‬,‫ س‬ , Aal-e-Imran, Chapter #3, Verse #18)
(3) These are revelations of Allah. We recite them unto thee in truth. Allah willeth no inJustice to (His)
creatures. 
( ‫ن‬,‫لعمرا‬,,‫ورة آ‬,‫ س‬ , Aal-e-Imran, Chapter #3, Verse #108)
(4) And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to
you, two or three or four; and if ye fear that ye cannot do Justice (to so many) then one (only) or (the
captives) that your right hands possess. Thus it is more likely that ye will not do inJustice. 
(  ‫نساء‬,,‫ورة لا‬,‫ س‬ , An-Nisa, Chapter #4, Verse #3)
(5) Whoso doeth that through aggression and inJustice, we shall cast him into Fire, and that is ever easy
for Allah. 
(  ‫نساء‬,,‫ورة لا‬,‫ س‬ , An-Nisa, Chapter #4, Verse #30)

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(6) O ye who believe! Be ye staunch in Justice, witnesses for Allah, even though it be against yourselves or (your)
parents or (your) kindred, whether (the case be of) a rich man or a poor man, for Allah is nearer unto both (them ye
are). So follow not passion lest ye lapse (from truth) and if ye lapse or fall away, then lo! Allah is ever Informed of
what ye do. 
(  ‫نساء‬,,‫رة لا‬,‫و‬,‫ س‬ , An-Nisa, Chapter #4, Verse #135)
(7) O ye who believe! Kill no wild game while ye are on the pilgrimage. Whoso of you killeth it of set purpose he shall
pay its forfeit in the equivalent of that which he hath killed, of domestic animals, the judge to be two men among you
known for Justice, (the forfeit) to be brought as an offering to the Ka'bah; or, for expiation, he shall feed poor persons,
or the equivalent thereof in fasting, that he may taste the evil consequences of his deed. Allah forgiveth whatever (of
this kind) may have happened in the past, but whoso relapseth, Allah will take retribution from him. Allah is Mighty,
Able to Requite (the wrong). 
(  ‫مائدة‬,,‫رة لا‬,‫و‬,‫ س‬ , Al-Maeda, Chapter #5, Verse #95)
(8) Perfected is the Word of thy Lord in truth and Justice. There is naught that can change His words. He is the Hearer,
the Knower. 
(  ,‫ام‬,‫ألنع‬,,‫رة ا‬,‫و‬,‫ س‬ , Al-Anaam, Chapter #6, Verse #115)
(9) Say: Come, I will recite unto you that which your Lord hath made a sacred duty for you: That ye ascribe no thing as
partner unto Him and that ye do good to parents, and that ye slay not your children because of penury - We provide
for you and for them - and that ye draw not nigh to lewd things whether open or concealed. And that ye slay not the
life which Allah hath made sacred, save in the course of Justice. This He hath command you, in order that ye may
discern. 
(  ,‫ام‬,‫ألنع‬,,‫رة ا‬,‫و‬,‫ س‬ , Al-Anaam, Chapter #6, Verse #151)
(10) And approach not the wealth of the orphan save with that which is better, till he reach maturity. Give full
measure and full weight, in Justice. We task not any soul beyond its scope. And if ye give your word,
doJustice thereunto, even though it be (against) a kinsman; and fulfil the covenant of Allah. This He commandeth you
that haply ye may remember. 
(  ,‫ام‬,‫ألنع‬,,‫رة ا‬,‫و‬,‫ س‬ , Al-Anaam, Chapter #6, Verse #152)

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(11) Say: My Lord enjoineth Justice. And set your faces upright (toward Him) at every place of worship and call upon Him,
making religion pure for Him (only). As He brought you into being, so return ye (unto Him). 
( ‫ سوـرـة اـألعراـف‬ , Al-Araf, Chapter #7, Verse #29)
(12) And of Moses' folk there is a community who lead with truth and establish Justice therewith. 
( ‫ سوـرـة اـألعراـف‬ , Al-Araf, Chapter #7, Verse #159)

(13) And of those whom We created there is a nation who guide with the Truth and establish Justicetherewith. 
( ‫ سوـرـة اـألعراـف‬ , Al-Araf, Chapter #7, Verse #181)

(14) O my people! Give full measure and full weight in Justice, and wrong not people in respect of their goods. And do not
evil in the earth, causing corruption. 
(  ‫ سـورـة هود‬ , Hud, Chapter #11, Verse #85)
(15) And when Our commandment came to pass We saved Shu'eyb and those who believed with him by a mercy from Us;
and the (Awful) Cry seized those who did inJustice, and morning found them prostrate in their dwellings, 
(  ‫ سـورـة هود‬ , Hud, Chapter #11, Verse #94)
(16) And Allah coineth a similitude: Two men, one of them dumb, having control of nothing, and he is a burden on his
owner; whithersoever he directeth him to go, he bringeth no good. Is he equal with one who enjoineth Justice and
followeth a straight path (of conduct)? 
( ‫ سوـرـة لاــنحل‬ , An-Nahl, Chapter #16, Verse #76)

(17) Lo! Allah enjoineth Justice and kindness, and giving to kinsfolk, and forbiddeth lewdness and abomination and
wickedness. He exhorteth you in order that ye may take heed. 
( ‫ سوـرـة لاــنحل‬ , An-Nahl, Chapter #16, Verse #90)

(18) And he who hath done some good works, being a believer, he feareth not inJustice nor begrudging (of his wage). 
(  ‫ سوـرـة طـهـ‬ , Taha, Chapter #20, Verse #112)

(19) And those who cry not unto any other god along with Allah, nor take the life which Allah hath forbidden save in
(course of) Justice, nor commit adultery - and whoso doeth this shall pay the penalty; 
( ‫اــرقان‬
‫ سوـرـة لفـ‬ , Al-Furqan, Chapter #25, Verse #68)
(20) He said: That (is settled) between thee and me. Whichever of the two terms I fulfil, there will be no inJustice to me,
and Allah is Surety over what we say. 
( ‫ سوـرـة لاــقصص‬ , Al-Qasas, Chapter #28, Verse #28) 9
 Justice in Islam-main themes
1. Insafaf Giving the Due
2. Adal Relative Justice
3. Ehsan Benevolence
4. Meezan Measure/Worth (Relative Justice)
5. Eesar Sacrifice
6. Al-Qist Measure/Worth by Human
7. Haqq Truth
Guidelines for system
of justice in Islam
FROM QURAN
1. Justice and
faith “Say, my Lord has commanded
justice” (7:29)
“Certainly God commands
justice”(16:90)

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2. Justice as Trust
3. Justice is an object of the Divine messages

“We verily sent Our messengers with clear proofs, and revealed with them the
Scripture and the Balance, that mankind may observe right measure; and He
revealed iron, wherein is mighty power and (many) uses for mankind, and
that Allah may know him who helpeth Him and His messengers, though
unseen. Lo! Allah is Strong, Almighty.”(57:25) Al-hadid

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4. Order of Justice and Benevolence
5. Personal Justice

And approach not the wealth of the orphan save with that which is better, till
he reach maturity. Give full measure and full weight, in justice. We task not
any soul beyond its scope. And if ye give your word, do justice thereunto,
even though it be (against) a kinsman; and fulfil the covenant of Allah. This He
commandeth you that haply ye may remember (Al-Inam 152)

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6. Legal judgments must uphold justice

“God commands you to return trusts to their rightful owners, and when you
judge between people, judge with fairness” (4:58)

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 7.Witnesses must bear testimony for
justice

“O’ you who believe, stand firm for justice and bear witness for the sake of God, even though it be
against yourselves, your parents, or your relatives. It does not matter whether the party is rich or
poor” (4:135)

“O you who believe, Be steadfast for the sake of God and bear true witness and let not the enmity of a
people incite you not do justice. Be just, this is nearer to righteousness.”(5:8)
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8.Justice must be observed in legal
financial transaction

“O believers! When you deal with each other in lending

for a fixed period of time, put it in writing. Let the
scribe write it down with justice between the parties.”
(2:282)

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9. Our Life is as per Allah’s will it’s a
Justice
◦ Allah (Himself) is Witness that there is no Allah
save Him. And the angels and the men of learning
(too are witness).Maintaining His creation in
Justice(qist)
◦ (Aal-e-Imran, Chapter #3, Verse #18)
10.Equal Punishment
◦ O ye who believe! Kill no wild game while ye are
on the pilgrimage. Whoso of you killeth it of set
purpose he shall pay its forfeit in the equivalent
of that which he hath killed, of domestic animals,
the judge to be two men among you known for
Justice,(adal)
◦ Al-Maeda, Chapter #5, Verse #95)
11.Halal and Haram by Allah
◦ And that ye slay not the life which Allah
hath made sacred, save in the course of
Justice (haq). This He hath command you,
in order that ye may discern

◦ Al-Anaam, Chapter #6, Verse #151)

◦ ‫س الَّتِي َح َّر َم هَّللا ُ إِاَّل بِ ْال َحق‬
َ ‫َواَل تَ ْقتُلُوا النَّ ْف‬
12.Truth as Justice
13. Establishment of System of Justice
◦ And of Moses' folk there is a
community who lead with truth and
establish justice (haq & Adal)
therewith.
◦  Al-Araf, Chapter #7, Verse #159)
14. Weight & Measure
◦ O my people! Give full measure and full
weight in justice,(mezan & Qist) and
wrong not people in respect of their goods
And do not evil in the earth, causing
corruption. 
◦ Hood, Chapter #11, Verse #85
15. Sila-e-Rahmi Avoidance
Munkerat
◦ Lo! Allah enjoineth justice (Adal & Ehsan)
and kindness, and giving to kinsfolk, and
forbiddeth lewdness and abomination and
wickedness. He exhorteth you in order that
ye may take heed. 
◦ An-Nahl, Chapter #16, Verse #90
16.Justice and Righteousness

Righteousness is an ideal Justice is an integral part of Righteousness

“be just, this is nearer to Righteousness” (5:8)

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Qist as to do by man
Justice in Islam
Elements of Judicial System
of Islam
1. Philosophy of Justice
2. Rule of Justice
3. Divine Sources of Law
4. No Discrimination
5. Special Characteristics
Comprehensiveness of Justice

1. Justice in dealing with God

2. Justice in dealing with oneself
3. Justice in Court
4. Justice in Testimony
5. Justice with Enemies
6. Social Justice
7. Justice between Nations

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Justice between Nations

1. Peace
2. Treaties
3. Just war
4. Justice in dealing with captives

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Piety
1. Ibadat
2. Non Materialist approach
3. Less Sleep, Food and Talks
4. Fear Allah
5. Respect for women
6. Justice
Areas of Applying Justice

1. Personal
2. Social
3. Legal
4. Justice between Nations
5. Justice in matrimonial life
6. Justice in measuring
7. Justice in Food habits
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System of Justice in Islam
System of Justice
1. Accountability - Preventing the
unjust
2. Justice – Correcting the Unjust
System of Justice of Islam
1. Establishment of Court by Khalifa
2. Three types of Judges
3. Judge Qazi- Transactions and punishments of masses
4. Mutasib- Judge to check violation of community rights
5. Judge of Kuhkamat ul Mazalim – matter of non Muslims, state
officials
6. Nizam ul Aqobat Syatem of Punishments
7. Protects, Faith, Honour, Life, property,Mind
Types of Punushments
3. Hadood 1. Tazirat
I. Fornication 100 lashes, Punishment against the
Adultery (Rijm) rights of community
II. Al-Qazaf- Slandering,
Dishonouring, spreading 2. Al-Mukhalifat –
rumors (80 Lashes) Crime against State
III. Taking Khumer (80 Lashes)
I. Rebellion
IV. Theft Cutting Hand
V. Killing – Qasas, Diyat (Blood II. Not Paying Taxes
Money)
 Special Characteristics of System of Justice of
Islam

1. Independence of Judiciary
2. Paid Judiciary
3. Appointment of judges as duty of caliph
4. Unique Law of Evidence
◦ Tazkia tu Sahood(Character of witness), Dying Declaration is valid evidence
5. Hadood are defined
6. Speedy Justice
7. Concept of Solicitors
8. Shriah as Law

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Cont…
9. Base on the principle of natural justice (cant condemned
unheard)
10. No procedural complexities-Daily hearing
11. Fatawa/Religious verdict by Qazi
12. Independence of Judiciary/ Separation of Power
13. Tazeer- As harmony with local laws
14. Strict qualification of Judge
Khushbowon Ka ik Nagar Abad Hona Chahiay
/
Is Nizam-e-Zar Ko Ab Barbad Hona Chahiay
/
Zulm Bachey Jan Raha Hai Kocha-o-Bazaar
Main
/
Adal Ko Bhi Ab Sahib-e-Aulad Hona Chahiay