Articles 6-8

These article are designed to secure for all persons recognition and equality before the law and the protection of the law without discrimination.

Islam inculcates and upholds these values very clearly and firmly.

It lays down as a condition of faith that recourse must be had to the judicial process for the settlement of disputes. The judgment handed down must be accepted without demur and carried out fully (4:66). The Prophet himself was the first and the principal Judge at Medina and was commanded to judge justly between the people—Muslims, Jews and non-Muslim Arabs (42:16). ‘Umar was also appointed a judge at Medina. The Prophet warned that the fact that a person had obtained a judgment in his favour did not confer on him a title to the subject-matter of the dispute, if in fact and in truth he was not entitled to it; for human judgment, his own or anyone else’s, was liable to error.1 He thus strengthened the process of administration of justice with a strong moral exhortation of accountability to God, which could not be evaded by taking shelter behind a judgment handed down by a fallible authority even so high as that of the Prophet.

Judges are admonished to carry out their duties with strict impartiality and justice. They are laid under the Divine injunction: “When you judge between the people, judge with justice. Surely, excellent is that with which Allah admonishes you! Allah is All-Hearing, All-Seeing” (4:59).

The course of justice is not to be sought to be corrupted through bribery (2:159) or the presentation of false evidence (25:73).

The hostility of a people should not incite a Muslim, or the Muslim Community or the Muslim State, to act unjustly or inequitably towards them. “O ye who believe, be steadfast in the cause of Allah, and bear witness in equity and let not a people’s enmity toward you incite you to act otherwise than with justice. Be always just, that is closest to righteousness. Be ever mindful of your duty to Allah. Surely, Allah is aware of what you do” (5:9).

A more emphatic and comprehensive injunction is: “O ye who believe, be strict in observing justice, and bear your witness for the sake of Allah, even though it be against your own selves, or against parents or kindred.
Whether they be rich or poor, Allah is more regardful of them than you are. Therefore, guard yourselves against being led astray by low desires, so that you may be able to act equitably. If you conceal the truth or evade it, remember that Allah is well aware of what you do” (4:136).

‘Umar, the second Khalifah, was cited as a defendant in a civil suit. When he came into Court to answer the claim preferred against him, the judge stood up as a mark of respect. ‘Umar observed that he had come into Court not in his capacity as the Khalifah, but in his private capacity as a citizen, and that it was inconsistent with the judge’s position for him to extend a courtesy to him which was not extended to every citizen appearing in Court. He held that the judge, by his action, had contravened his duty of impartiality toward the parties and was no longer fit to perform judicial functions.2

‘Ali, the fourth Khalifah, also had occasion to appear in Court as a claimant against a Jew. In support of his claim, in addition to his own statement, he produced his eldest son Hasan as a witness in whose presence the obligation had been incurred by the defendant. The judge held that in view of the close relationship between the plaintiff and the witness, the testimony of the witness was not admissible and he dismissed the claim. The defendant was so impressed that immediately upon emerging from the court room he acknowledged the claim and discharged it.3