Introduction to Justice (Part 1)

INTRODUCTION TO JUSTICE (PART 1)

by Miss P

Justice is the quality of being just, fair, righteous, and equitable. It can also refer to an act of being morally just and fair. 

Concept of Justice

Understanding of justice is different in every culture. Each culture's ethics, history, or religion create values which influence the notion of justice. Justice can be interpreted either as part of natural law, divine command, or a social contract tool.

Ancient Greece

Themis, the Greek goddess
of law, order and justice

Traditionally, the Greek concept of justice refers to a certain set of acts that must be followed. The reason for being just was consideration of reward and punishment; the Greeks believed that Zeus rewards those who are good and punishes those who are bad. Justice then became part of natural law.

However, in 5th century Athens the traditional idea of justice was replaced with arguments by the Sophists (teachers specialized in using philosophy and rhetoric to teach virtue to wealthy statesmen's sons) who maintained that "justice is the interest of the stronger".


Due to practices of corruption and loss of credibility among those in power, the Sophists perceived justice as "whatever fulfills the selfish interests of those who have the most power in society". They even went as far as to declare that no man is just unless there is punishment for him being unjust - if a man had the opportunity to escape punishment after committing injustice, then he would simply continue to become unjust.

In his dialogue 'Republic', as a response against the Sophists' twisted conception of justice, Plato (speaking through his mentor, Socrates) argues that justice is "having and doing of what is one's own".

According to Plato, "a just man is a man in just the right place, doing his best and giving the precise equivalent of what he has received". What Plato means is that a person is just when he fulfills his obligations and duties as expected of him in his rightful place. Justice is a political arrangement in which each person plays the appropriate role. What is due to each person is rendered all at once. Each is assigned the role in society that best suits their nature and that best serves society as a whole. If a ruler can create just laws, and if the warriors can carry out the orders of the rulers, and if the citizens can obey this authority, then a society will be just.

The Roman Empire

Justinian I

Following his succession to the throne after death of his uncle, Justin I, Emperor Justinian authorized a new commission under the jurist Tribonianus' lead to compile a set of codified Roman laws so that future lawyers no longer rely on ancient fables for their learning, but legal manuals that are free of contradictions.

The result was the 'Institutiones', which are comprised of 901 articles covering topics of human rights and justice that had been established in the Roman society.

Extracts from the 'Institutiones' include the definition of justice as follows: "Justitia est constans et perpetua voluntas ius suum cuique tribuens (justice is the constant and perpetual wish to render every one his due)".

The idea of rendering every one his due - merited reward or punishment - is repeated in the maxims of law under the same chapter: "honeste vivere, alterum non laedere, suum cuique tribuere (to live honestly, to hurt no one, to give every one his due)".

Modern concept of Justice

Other concepts of justice throughout history include:

• Justice as a divine command
• Justice as mutual agreement (justice as a social contract, or when one person agrees to give up or do something in exchange for something else. This definition includes the notion of being fair and balanced).
• Distributive justice (distributive justice may also be defined as getting what one deserves).

Justice in Islam

Most of the recent western legal concepts such as supremacy of law, equality before law, judicial independence and impartiality, juristic personality, legal representation, presumption of innocence, etc, were never alien to Islam. 

In the Islamic worldview, justice denotes 'placing things in their rightful place'.  It also means giving others equal treatment.  In Islam, justice is also a moral virtue and an attribute of human personality, as it is in the Western tradition. Justice, or adl' in Arabic, represents moral rectitude and fairness since it commands mankind to behave in a fair and just manner.

The Al-Quran, the sacred scripture of Islam, considers justice to be a supreme virtue. Allah SWT has commanded mankind to protect the rights of others, to be fair and just with people, to side with the one who is under oppression, to help and be fair with the needy and orphans, and to be just and not go beyond the boundaries set by Him, even with enemies.

Justice is part of Islamic natural law. Not only justice is considered to be a trust, a sacred responsibility, which is to be performed in conformity with the provisions of the Quran and the Sunnah; but the dispensation of justice also constitutes one of the most important acts of devotion. Injustice destroys harmony and upsets balance thereby provoking disorder. Moreover injustice fractures the brotherhood and sisterhood of the believers which is an essential element in an Islamic society. 

In Surah Ar-Rahman, Allah SWT describes justice as part of the divine balance that He has created:-

"And the Heavens He has raised high, and He has set up the Balance (of justice). In order that you may not transgress (due) balance. So establish weight with justice, and fall not short in the balance." (Surah Ar-Rahman: verses 7 – 9)

In Surah Ma'idah, Allah explains the wisdom behind the command to establish justice in society.

“Oh you who believe! Stand out firmly for Allah, as just witnesses, and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety: and fear Allah. Verily, Allah is well-acquainted with what you do.” (Al-Ma'idah: verse 8)

From this verses, justice is deemed to be an act of great faith and ensures mankind not to be unjust due to enmity and hatred towards others. Justice must be equally given to everyone regardless of their race, colour, religion and status. 

The Quran and the Sunnah, which are the primary sources of Islamic law, put great emphasis on equality. Consequently, in Islamic legal system there cannot be one law for the ruler and one for the subject; one for the powerful and one for the weak; one for the rich and one for the poor. Government authorities enjoy no special privileges or immunities from the application of law. 

Even the Prophet of Islam did not consider himself or his family above the law. Instead of claiming any immunity from the law, he laid down the rule that even the head of the state may be challenged, in both official and private capacity, in the court. 

The following statement of Prophet Muhammad SAW which he made while deciding the case of a noble woman who had committed theft, demonstrates it all: “Verily those who were before you were destroyed because when a noble man from among them committed theft, they passed no sentence on him. By Allah, had Fatima, the daughter of Muhammad, committed theft, I would have cut off her hand.”

Also, during the course of his last sermon, the Prophet publicly offered to the community that if he owed anything to anyone, or had done any harm to anyone’s life or property, he was available to answer for it.

Islam is a religion of justice. Allah SWT has said:

"Truly God commands you to give back trusts to those to whom they are due, and when you judge between people, to judge with justice...." (Surah An-Nisa', verse 58)

Allah SWT has also said:

"..and act justly. Truly, God loves those who are just." (Surah Al-Hujurat, verse 9)

It is undeniable that all incidents of oppression and social injustice are the result of inequality between man and man. Some are powerful, others are weak. Some are rich, others are poor. Now what happens is that the powerful and the wealthy come to regard themselves as being superior to the weak and the poor. They imagine they can oppress others with impunity, their elevated positions being enough to safeguard them from any attempt at retaliation.

But Islam tells us that every man's fate is the concern of God. All moral issues are finally to be judged in the divine court. God being infinitely more powerful than all of the powerful men in the world. He will pronounce His verdict and enforce it with absolute justice towards one and all. At that time no mortal creature will be able to escape God's verdict.