2019-07-17 07:27:08
|| The Goal of the Shari'āh is Justice, Not Equality ||In speaking of justice, many well-intended Muslims are unconsciously secularised. For their discourse about justice (Ar.
‘adl, qist) is so often scarred by failing to grasp its Qur'ānic essence:
‘To put a thing in its rightful place.’¹ Which is to say, justice is to give things their proper due – at the due time, the due place, and in due measure.
This requires possessing knowledge about the value and measure of things, as Islām assigns to them, so as to give them their due.
‘Hence,’ Ibn al-Qayyim wrote,
‘knowledge and justice are the root of every good, while injustice and ignorance are the root of every evil.’²
The Qur'ānic insistence on justice can be found in many verses, like:
‘God commands you to render back things held in trust to their rightful owners, and if you judge between people, that you judge justly.’ [Q.4:58] And also:
‘O you who believe! Be upright for justice, witnesses to God, even if it be against yourselves, or parents, or relatives; and weather it be against rich or poor.’ [Q.4:135]
But talking more from a marketable take on Islām than a textual, well-studied one, they mistakenly equate justice (
‘adl) with equality (
musawa). This though isn’t really Islām’s story. No doubt, there are areas of overlap between the two. But the Qur'ān is couched in the language of justice, not equality. To describe Islām as ‘egalitarian’, or to claim it advocates equality isn’t just reductionist, the concepts are also not very meaningful. While some verses of the Qur'ān do have an egalitarian temper to them, many others insist on difference, distinction and divine disparity.
While speaking about the disbelievers who harm and transgress against their own souls because of their disbelief, the Qur'ān asks:
‘Is he who is a believer like he who transgresses? They are not equal.’ [Q.32:18] We also read:
‘Not equal are the people of the Fire and the people of the Garden. It is the people of the Garden that are the [true] winners.’ [Q.59:20] Then there are verses which speak to gender roles, functions and natures:
‘And the male is not like the female.’ [Q.3:36]
And as Islām legally obligated men to financially maintain family and household, while women do not have any such duty, there’s this verse:
‘God thus commands you concerning [the division of inheritance for] your children: to the male a share equal to that of two females.’ [Q.4:11]
All this is to say that the Qur'ān speaks of justice, not the nebulous social construct of equality. It’s when we veer away from using the vocabulary of the Qur'ān, using instead ill-informed substitutes, that distortions or deviations creep in to corrupt the Qur'ānic message. Of all the modern voices guilty of conflating justice with equality, feminism takes first prize.
To conclude: highlighting the core nature of the Shari'āh, Imām Ibn al-Qayyim says that justice is its essential feature. He wrote:
‘Indeed, [God] transcendent is He, has clarified in the paths He legislates that its purpose is: to establish justice among His servants and equity between people. Thus any path by which justice and equity are drawn out is part of the religion, and can never be in opposition to it.’³
Elsewhere he says:
‘The Shari'āh is based on and built on wisdom and [achieving] public welfare, in this life and in the next. It is justice in its entirety, mercy in its entirety, welfare in its entirety, and wisdom in its entirety. Any issue which departs from justice to injustice, or mercy to its opposite, or public welfare to corruption, or wisdom to folly can’t be part of the shari‘ah, even if it is claimed to be so due to some interpretation.’⁴
Footnotes:
1.
Al-Raghīb Mufradāt Alfāz al-Qur'ān (Beirut: Dar al-Qalam, 2002), 537.
2.
Madārij al-Salikīn (Riyadh: Dar Taybah, 2008), 4:556.
3.
Al-Tūrūq al-Hukmiyyah (Makkah: Dar ‘Alam al-Fawa’id, 2007), 31.
4.
I‘lam al-Muwaqqīn (Riyadh: Dar Ibn al-Jawzi, 2002), 4:337.
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Tags: #Shariah #Law #Secularism
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