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General Meaning
-
Islamic Concept
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Foundations of Islamic Social Justice
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Elements of Social Justice of Islam
I- General Meaning
The term social
justice is of recent vintage. It first appeared in political
debate in the early nineteenth century. It was employed by
political thinkers like John Stuart Mill and its use has since
become widespread. Social justice implies that overall pattern of
distribution in a society ought to be brought into line with
principles of justice. There have been two major conception of
social justice, one embodying the notions of merit and desert, the
other those of need and equality.
The first
conception entails that each person’s social position and material
rewards should as far as possible correspond to their place on a
scale of merit, an idea also expressed in demands for ‘careers
open to talents’ and ‘equality of opportunity’. It implies the
ending of hereditary privilege and an open society in which people
have the chance to display their desert. The second conception
entails that goods should be allocated according to each person’s
various needs. It is closely allied to an idea of equality, since
a programme which successfully satisfies need makes people
materially equal in one important respect.
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II- Islamic Concept
Islam, being
religion of nature, understands that human beings are born with
varying gifts. As they differ in their bodies and their features
so they differ in their mental and other capabilities. Their
environment, their circumstances and their hereditary gains also
differ. In this situation there can be no possibility of economic
equality. Thus the existence of economic inequalities among the
human beings is but natural. It is also there because Islam allows
individual initiative in earning wealth and gives right of private
ownership of property. Moreover, existence of inequalities in
economic and social life is a part of Divine scheme whereby God
tests and tries the people to know who are good and who are bad.
To this fact, the Holy Qur’an refers when it says:
-(6 : 165)
-(16 : 71)
-(43 : 32)
However, despite
recognising inequalities as natural and part of Divine world
order, Islam permits differences in wealth within reasonable
limits only. It does not tolerate that these differences should
grow so wide that some people live their life in absolute luxury
while millions are left to lead a life of abject poverty and
misery. It does not allow economic disparities turn into an
extreme position wherein millions of have-nots’ become serfs and
slaves in the hands of few ‘haves’ of the society. In other words,
we can say that Islam does not believe in equal distribution of
economic resources and wealth among the people rather it believes
in equitable, just and fair distribution. It bridges the gulf
between the rich and the poor by taking very effective measures to
modify the distribution of wealth in favour of the poor.
Islam, on the one
hand, ensures just and equitable distribution of wealth among the
people and, on the other hand, provides social security to the
poor and the destitute in the form of basic necessities of life.
Besides that, Islam also protects the weak from the economic
exploitation by the strong. All there are various aspects and
manifestations of what is called Islamic social justice.
Thus social justice
(which is also referred to as economic justice or distributive
justice) according to Islamic conception includes three things,
namely : (1) fair and equitable distribution of wealth, (2)
provision of basic necessities of life to the poor and the needy,
and (3) protection of the weak against economic exploitation by
the strong.
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III- Foundations of Islamic Social Justice
Ideological basis
of the above mentioned concept of Islamic social justice are found
in the following verses of the Holy Qur’an, Ahadith of Prophet
Muhammad (PBUH) and traditions of Prophet’s companions :-
1. Give unto
orphans their wealth. Exchange not the good for the bad (in your
management thereof) nor absorb their wealth into your own wealth.
Lo ! that would be a great sin.
-(Al-Qur’an 4 : 2)
2.
……..Give full measure and full weight, in
justice……….
_(Al-Qur’an 6 : 152)
3.
And know that whatever ye take as spoils of war,
Lo! A fifth thereof is for Allah, and for the messenger and for
the kinsman (who hath need) and orphans and the needy and the
wayfarer. If ye believe in Allah and that which We revealed unto
Our slave on the Day of Discrimination, the day when the two
armies met. And Allah is Able to do all things.
-(Al-Qur’an 8:41)
4.
The alms are only for the poor and the needy, and
those who collect them, and those whose hearts are to be
reconciled and to free the captives and the debtors, and for the
cause of Allah, and (for) the wayfarers; a duty imposed by Allah.
Allah is Knower, Wise.
-(Al-Qur’an 9:60)
5.
And Allah hath favoured some of you above others in
provision. Now those who are more favoured will by no means hand
over their provision to those (slaves) whom their right hands
possess, so that they may be equal with them in respect thereof.
It is then the grace of Allah that they deny?
-(Al-Qur’an 16 : 71)
6.
He placed therein firm hills rising above it, and
blessed it and measured therein its sustenance in four Days, alike
for (all) who ask.
-(Al-Qur’an 41 : 10)
7.
And the sky He hath uplifted; and He hath set the
measure, that ye exceed not the measure, but observe the measure
strictly, nor fall short thereof.
-(Al-Qur’an 55 : 7-9)
8.
Believe in Allah and His messenger, and spend of
that whereof He hath made you trustees……….
-(Al-Qur’an 57 : 7)
9.
We verily sent our messengers with clear proofs,
and revealed with them the scripture and the Balance, that mankind
may observe right measure………..
_(Al-Qur’an 57 : 25)
10.
That which Allah giveth as spoil unto His messenger
from the people of the townships, it is for Allah and His
messenger and for the near of kin and the orphans and the needy
and the wayfarer, that it become not a commodity between the rich
among you.
_(Al-Qur’an 59 : 7)
11.
And in whose wealth there is a right acknowledged.
For the beggar and the destitute;
-(Al-Qur’an 70 : 24-25)
12.
The Prophet of Islam is reported to have said: If
anyone spent a night in a town and he remained hungry till
morning, the promise of God’s protection for that town came to an
end.
-(Musnad Ahmad)
13.
The Messenger of Allah said: The government is the
guardian of anyone who has no guardian.
-(Abu Daud, Tirmizi)
14.
Abu Hurairah reported that the Messenger of Allah
said: One who strives for the widows and the poor is like one who
fights in the way of Allah.……..
-(Bukhari, Muslim)
15.
The Messenger of Allah said: No one’s faith amongst
you is reliable until he likes for his brother (in Islam) what he
likes for himself.
-(Bukhari)
16.
Prophet Muhammad (PBUH) is reported to have said :
The son of man has no better right than that he would have a house
wherein he may live, and a piece of cloth whereby he may hide his
nakedness, and a piece of bread and some water.
-(Al-Muhalla by Ibn Hazm)
17.
Abu Saeed Khudhri
reports that the Holy Prophet said; “Anyone who possesses goods
more than his needs, should give the surplus goods to the weak
(and poor); and whosoever possesses food more than his needs
should give the surplus food to the needy and the destitute.” He
further added that the Holy Prophet went on referring to different
kinds of goods in similar manner until we thought that none of us
had any right over his surplus wealth.’
-(Al-Muhalla by Ibn Hazm)
18.
The Prophet of Islam is reported to have once said
: One who has an extra camel (transport), should give it to the
one who has no camel (transport); one who has surplus provision,
should give it to the one who has none; one who has two persons’
food, should take a third (as his guest), and if it is for four,
he should take fifth or sixth person (as his guest).
19.
Caliph Umar once said : Each and every Muslim has a
right in the property of Bait-ul-Mal whether he exercises it or
not.
-(Kitab-ul-Amwal)
20.
It is reported that Umar in the last year of
Caliphate, said: “The thing which I have known today, had I known
before, I would never have delayed it and would have, undoubtedly,
distributed the surplus wealth of the wealthy among the poor
Muhajrin.”
‑(Al-Muhalla by Ibn Hazm)
21.
Ali is reported to have said that “God has made it
obligatory on the rich to meet the economic needs of the poor up
to the extent of their absolute necessities. If they are hungry or
naked or involved in other financial difficulties, it will be
merely because the rich are not doing their duty. Therefore God
will question them about it on the Day of Judgement and will give
them due punishment.”
-(Al-Muhalla by
Ibn Hazm)
IV- Elements of Social Justice of Islam
We have already
defined social justice of Islam and have also mentioned that it
comprises three elements i.e., equitable distribution of wealth,
provision of social security and protection of the weak against
the strong. All these elements have been dealt with in detail at
proper places in this book. Let us briefly discuss them here.
1. No doubt Islam
accepts unequal distribution of wealth as natural and part of
Divine Scheme of world order, yet it does not allow existence of
wide disparities in distribution of wealth. If distribution of
wealth in a community is unfair and inequitable, social peace in
that community is always at stake and conflict between the poor
and the rich is bound to result in war and class struggle. Islam
being religion of peace is against such class conflict. It
establishes fraternity and brotherhood in the ranks of the members
of Islamic community. Islam believes in well-being of its
followers and, therefore, ensures fair and equitable distribution
of income and wealth among them. For bridging the gulf between the
rich and the poor and for ensuring just and equitable distribution
of economic resources and wealth, Islam has taken very effective
measures. Positive measures taken by it are Zakat and Sadaqat,
laws of inheritance and bequest, monetary atonements, voluntary
charities and compulsory contributions in the form of taxes and
various levies. To prevent concentration of wealth in few hands,
Islam has taken some prohibitive measures also. These include
abolition of interest, prohibition of acquisition of wealth
through illegal and unfair means, prohibition of hoarding of
wealth, etc.
2. Islamic economic
system guarantees basic human needs to all the citizens of the
Islamic state. Islam enjoins upon the well-to-do to fulfil the
needs of the poor and the destitute. According to Al-Quran, the
poor and the needy have share in the wealth of the rich. The Quran
says: And in whose wealth there is a right acknowledged for the
poor beggar and the destitute”-(70 : 24-25).
To the question as
to how much wealth should be spent by the rich for the cause of
the poor, the Qur’an replies : “……. And they ask thee how much
they are to spend; say : “What is beyond your needs”-(2:219). Thus
the revealed book of Islam expects from the rich to spend all
their surplus wealth for their poor brothers if the circumstances
so demand. Abu Zarr Ghaffari, a close companion of the Prophet,
who is considered a great champion of the cause of social justice,
holds the view that it is unlawful to keep any surplus wealth
after meeting one’s personal needs and so the same must be spent
on satisfying the needs of the deprived of members of the Muslim
Ummah (community). In his view, so long as there is even one poor
person who is unable to meet his basic needs of life, surplus
wealth of the rich must be collected by the state and spent on
poor. It is reported that he was expelled from Syria by Governor
Muawwiya for preaching such views and later on even caliph Usman
asked him to stop propagating such views or to leave Madinah and
he preferred the latter option.
According to some
Muslim jurists, the Islamic state should provide social security
cover to all its citizens and undertake especially to provide
basic necessities of life to all those poor, destitute, deprived
of, disabled and unemployed citizens who themselves are not able
to provide for them and their families. If the Islamic state fails
to do so it has no right to demand allegiance from its citizens.
About holding of
surplus wealth by the rich and responsibilities of the Islamic
state to provide basic necessities of life to the poor, it would
be pertinent if we produce the views of Ibn Hazm, a great Muslim
jurist. He says : “It is the duty of the rich that they should
meet the needs of the poor and the destitute of their village or
town. And if the treasury is not sufficient to meet their needs,
then the state has the right to take their surplus wealth, if
necessary by force, to meet the needs of the poor in the
community. He further says that all the companions of the Holy
Prophet are agreed upon this that if there is anyone hungry or
naked or without shelter, it is incumbent upon the state to supply
his needs from the surplus wealth of the rich (in case its own
treasury is insufficient).”
3. Elimination of
economic exploitation of the weak by the strong is another element
of Islamic social justice. Many steps have been taken by Islam in
this direction. Riba or usury is one of the worst instruments of
human exploitation and this has been abolished root and branch.
Other means of human exploitation such as bribery, gambling,
speculative transactions, fraudulent practices, prostitution,
embezzlement, etc. have also been prohibited in Islamic society.
Interest of the
weaker classes of the society like women, orphans, slaves,
labourers, tenants, consumers, etc. have been protected through
detailed legislation by Islam.
The women were
treated as chattel and were denied the status of human being
before emergence of Islam. Islam restored their human status and
gave them equal social and economic rights along with men. In the
economic field, for example, women have been given rights to own
property, to acquire property and to dispose it off at their
discretion. They are given rights of inheritance from their
parents, their husbands, their children and near relatives. They
are allowed to work to earn their livelihood through any dignified
profession or vocation of their choice. The orphans have been
another economically exploited class in society as their property
is generally devoured by their guardians and near kindred. Islam
has declared devouring the property of the orphans a major sin.
The Qur’an warns the devourers of orphan’s property in these words
: “Lo ! Those who devour the wealth of orphans wrongfully, they do
but swallow fire into their bellies, and they will be exposed to
burning fire”- (4:10). The slaves were perhaps the most exploited
class in human history. Islam declared the emancipation of slaves
as the most pious act and enjoined upon its followers to set the
slaves free and thus earn God’s pleasure. The Qur’an has made
emancipation of slaves an expiation of some kinds of sins of the
believers. The Muslim men and women were encouraged to marry the
believing maids and slaves in preference to non-believers even if
the non-believers were very rich and good looking. Islamic state
is obliged to financially assist the slaves in their manumission
out of its Zakat revenues.
Islam has protected
the labourers against the economic exploitation by the capitalist
by providing that fair wages should be fixed before employing the
labourers and that they should be promptly paid their wages before
their sweat dries up. To eliminate the exploitation of the tenants
by the landlords, Islam almost abolished Jagirdari system.
Interests of consumers have been protected by ordering ban on
certain exploitive business malpractices like hoarding, monopoly,
speculation, and short-weighing and short-measuring.
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