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30,47405/07/2011

Is treating people equally unfairly justice?

Question: 171925

There is a saying that treating people equally unfairly is justice; some people attribute this to the Messenger (blessings and peace of Allah be upon him) and some regard it as if it is a basic principle that cannot be changed. What is the Islamic ruling or how sound is this saying?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

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 hadeeth qudsi, 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. justice and 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 forbids Al-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
every kind 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 upon injustice! 

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, then they 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 commanded justice 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 for Allahs sake only. As He
brought you (into being) in the beginning, so shall you be brought into
being (on the Day of Resurrection) (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 to be 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.

Source

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