ANALYSING THE APPLICATION AND CONCEPT OF JUSTICE UNDER ISLAMIC LAW

M. S. SHEKA & SANI ABDULKADIR

Abstract


Injustice is very widespread on this earth. There can be no peace without the firm establishment of justice. The more you see injustice, the more you realize the importance of establishing justice in the land. Justice is the most important and influential fact in the life of a human being that can solve the problems of society in a peaceful manner and in Islam Justice is the fundamental principle of thought and practice. In Islam distinct laws have been set up based on justice for the diverse forms of crimes. Justice in Islam deals not only with human rights but has secured the rights of other creations as well. There is no place for violation, unjust, tyrannical attitude and oppression or repression in Islam. It emphasizes the whole humanity as a peaceful society and eliminates the perspectives and perceptions of social evils. Justice in Islam is thus all-embracing, free from restriction, and universal. Islam governs private and public life, denies deviation from justice, non-discriminative, and holds that all humans are equal before the law and are accountable for their deeds. It is universal because it is applicable to all who accepts its authority. It is based on the revealed guidance, thus for the introduction, implementation and promotion of these regulations Almighty Allah sent His Messengers to frame a society based on justice, fairness and obedience towards the Creator. Islam is the religion of peace that emphasizes on equality before law and promotes the notion of universal brotherhood to establish a peaceful and rewarding society. Islam teaches rectitude and never encourages its followers to vituperate and humiliate anyone in the society. It is against this background that the paper seeks to analyse the concept of justice under Islamic law with a view to find it is application. A doctrinal method was applied. Having analysed same, it was found that concept of justice under Islamic law is a trust that has religious basis, it is obligatory, a divine commandment and its substantially applicable in countries like Saudi Arabia, Iran, Iraq etc, while it is partially applicable in the northern states of Nigeria. It was finally recommended that for efficient, just and impartial administration of justice under Islamic law the persons entrusted with its administration and enforcement must be competent according to the criterion laid down by Allah.

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