There is a saying that treating people equally unfairly is justice;
some people attribute this to the Messenger (blessingsand peace of
Allah be upon him) and some regard it as if it is a basicprinciple
that cannot be changed. What is the Islamic ruling or how sound is
this saying?.
Praise be to Allaah.
The saying that some people say, "treating people equally unfairly is
justice" is false and is as far removed from the laws and religion of
Allah as the East is from the West. Allah forbid that the Messenger of
Allah (blessings and peace of Allah be upon him) should utter such
words. Rather what the Prophet (blessings and peace of Allah be upon
him) said, in the hadeethqudsi, was that Allah, may He be blessed and
exalted, said: "O My slaves, I have forbidden zulm (injustice,
wrongdoing, unfairness)to Myself and I have made it haraam among you,
so do not wrong one another." Narrated by Muslim, 2577
The mutawaatir texts that warn against injustice and highlight its
negative consequences are too many to quote here.
If this false and unjust saying refers to those who have power and
authority over people, it could be said to them: If you wrong anyone
who is under your authority, and you take his wealth or beat him or
imprison him, then do not limit it to this person only; rather make
your injustice reach all the people under your authority, so that you
will be being fair in distributing your injustice among them! Such a
thing is not fit to be said by anyone but tyrants and those who
transgress against people's rights!
What justice can there be in that, when Allah, may He be exalted, says
(interpretation of the meaning): "Verily, Allah enjoins Al-Adl (i.e.
justiceand worshipping none but Allah Alone - Islamic Monotheism) and
Al-Ihsan (i.e. to be patient in performing your duties to Allah,
totally for Allahs sake and in accordance with the Sunnah (legal ways)
of the Prophet SAW 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
forbidsAl-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 everykind of evil deeds, etc.), and Al-Baghy (i.e. all kinds of
oppression), He admonishes you, that you may take heed" [an-Nahl
16:90].
Treating people equally unjustly is injustice uponinjustice!
Instead of meeting his Lord having wronged just one man or
transgressed against him, such a person will be meeting Him having
wronged everyone he could, for the sake of treating them equally in
that regard.
Is this not more like what the mushrikeen do, when they want to commit
wrong actions and immoral deeds, thenthey claim that this is from
Allah and that He has enjoined it and prescribed it? Allah, may He be
exalted, says (interpretation of the meaning):
"And when they commit a Fahisha (evil deed, going round the Kabah in
naked state, every kind of unlawful sexual intercourse, etc.), they
say: "We found our fathers doing it, and Allah has commanded us of
it." Say: "Nay, Allah never commands of Fahisha. Do you say of Allah
what you know not?
Say (O Muhammad SAW): My Lord has commandedjustice and (said) that you
should face Him only(i.e. worship none but Allah and face the Qiblah,
i.e. the Kabah at Makkah during prayers) in each and every place of
worship, in prayers (and not to face other false deities and idols),
and invoke Him only making your religion sincere to Him by not joining
in worship any partner to Him and with the intention that you are
doing your deeds forAllahs sake only. As He brought you (into being)in
the beginning, so shall you be brought into being (on the Day
ofResurrection) (in two groups, one as a blessed one (believers), and
the other as a wretched one (disbelievers)).
A group He has guided, and a group deserved tobe in error; (because)
surely they took the Shayatin (devils) as Auliya (protectors and
helpers) instead of Allah,and consider that they are guided."
[al-A'raaf 7:28-30].
Justice means giving each person who has rights his rights and putting
everything in its proper place; what has this to do with injustice or
treating people equally in that regard?
And Allah knows best.
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