treatise of rights - right of subjects through authority (17)
2:49:13 2018-04-25 509

In this article we will continue our discussion regarding The Treatise of Rights by Imam Zayn Al-Abidin (AS). We will discuss the Right of Subjects through Authority. Regarding this, the Imam (AS) has said:

Then the right of your subjects through authority is that you should know that you have authority over them due to your power over them, and that they have been made your subjects through their weakness and humility. What do they deserve whose weakness and humility have made them your subjects, and made your authority over them effective? They do not disobey you by their own might and power.

They cannot find a supporter against your power except by God, by His Mercy and Protection, and patience. How proper it is for you to recognize that God has granted you this increased might and power with which you have subdued others. You should be thankful to God. And God will increase His Graces to those who thank Him. And there is no power but in God.

Regarding the rights of the ruler, Imam Sajjad said that the people should obey him and avoid fighting him. Here he stresses the right of the people and states that the ruler should be fair to the people due to the power that he has. The Imam points out several important issues here. At first, the ruler should be just.

Secondly, the Imam says that the ruler should act similar to a kind father. Thirdly, since the people might make mistakes during their life, the ruler should be forgiving. At last, the Imam says that the ruler should be thankful to God for the power that He has granted him.

Now if you were to notice, the Imam (AS) emphasized on the ruler being just. What it mean to be just? How does a human being become just?

People define a just person as a person who doesn’t wish bad or evil on others, and doesn’t violate their rights. A just ruler is someone who doesn’t treat others with prejudice, and treats everyone under his rule equally. On the other hand, they consider a person who violates their rights; practices prejudice, sides with the oppressors, and oppose the weak, to be an oppressive ruler. Thus, we can say that human justice implies respecting human rights, and honoring everybody's rights. This is what is meant by justice based upon rights. God has invited all men to justice in the Holy Qur’an as we read in the following verse:

“God commands justice, the doing of good...” [The Holy Qur’an, al-Naĥl 16:90]

Known as the reference to a standard of rightness, Justice is often used with regard to the ability to judge without reference to one's feelings or interests. It is through justice that fairness and peace is administrated, and is an aspect that ensures just treatment towards every individual as it rightfully judges between the right and wrong. Known as moral rightness and equitableness, justice protects the rights of those within society and protects against crimes and criminals. This aspect is not something that occurred recently like most people view it; in fact justice came with the relation of the prophets and Allah SWT message.

In the Holy Quran it states: “We sent Our Messengers with clear signs and sent down with them the Book and the Measure in order to establish justice among the people…” (Quran 57:25)

The phrase ‘Our Messengers’ shows that justice has been the goal of all revelation and scriptures sent to humanity.  The verse also shows that justice must be measured and implemented by the standards and guidelines set by revelation.  Islam’s approach to justice is comprehensive and all-embracing and any path that leads to justice is deemed to be in harmony with the laws Allah SWT pointed out in His messages. The main message Allah SWT pointed out in his message and emphasized on numerous times is the whole aspect of justice as it acts as the solid foundation that ensures peace and eliminates chaos and mayhem. These messages act as a track that each individual must follow in order to create equilibrium in the distribution of rights and duties within each society.

All the divinely appointed Prophets to invite the people to God have declared man's prosperity and development subject to the development of ethics and the practice of justice. Let us look at the following verse in this regard:

“O ye who believe! Stand out firmly for God, as witnesses to fair dealing, and let not the hatred of others to make you swerve to wrong and depart from justice. Be just. That is next to piety: and fear God. For God is well acquainted with all that ye do.” [The Holy Qur’an, al-Ma’ida 5:8]

No issue in Islam is as important as the issue of justice. Justice is similar to the issue of the unity of God. Both issues highly affect all the major and minor principles of Islam. Likewise, none of the practical or ideological, personal or social, and moral or legal issues are separable from the subject of the unity of God. We shall not find any of the above issues void of the concept of justice.

Therefore, it is not surprising to realize that justice has been recognized as one of the major principles of our religion, and as one of the firm ideological foundations of the Muslims. An important issue pointed out in the above verse is that grudges, tribal animosities, and personal quarrels can all hinder the practice of justice, and might lead to the violation of other people’s rights. Therefore, such practices that will lead to deviation from true justice should be abandoned since justice is more important than all of them. Therefore, practice justice since it is the most fundamental basis for piety and abstinence.

In the Holy Quran Justice is mentioned many times, this is a clear indication that Justice is of such great magnitude and importance in Islam. In the Holy Quran Allah has said:

“And come not nigh to the orphan’s property, except to improve it, until he attains the age of full strength; give measure and weigh with (full) justice. No burden do We place on any soul, but that which it can bear. Whenever ye speak, speak justly, even if a near relative is concerned, and fulfill the Covenant of God. Thus doth He command you, that ye may remember.” [The Holy Qur’an, al-An’am 6:152]

In this verse, God invites the guardians of the orphans, salespersons and those who weigh goods that they sell to adhere to justice, and even more important than this is justice in speaking. This verse recommends justice in speaking, justice in transactions, and justice when dealing with those members of the society who do not have parents.

When talking about the orphan’s property, God uses the phrase “come not nigh to the orphan’s property” which means do not approach it. This concept has also been used regarding some other tempting sinful acts such as prostitution, fornication, and stealing the properties of orphans who have no supporters. God admonishes the people not to approach these deeds so as to be safe from their strong and hard to resist temptations.

Allah (SWT) also says in the Holy Quran:

“God doth command you to render back your trusts to those to whom they are due. And when you judge between man and man that ye judge with justice. Verily how excellent is the teaching which He giveth you! For God is He Who heareth and seeth all things.” [The Holy Qur’an, al-Nisaa’ 4:58]

In this verse, God advises us to return what we are entrusted with to its owner. Then God stresses the importance of justice when we make a judgment between people. This advice to adhere to justice has been described to be an excellent teaching, and the judge has been warned that God hears and sees everything, so he should be careful not to misjudge.

The importance of this virtue is so great and obvious that one witnesses it through everyday life. Without the justice systems that exist and without the equality that exists, although in today’s world there is a very limited amount, this entire universe would in complete chaos and dysfunction, which is something Allah SWT did not want for his creations. In fact Allah SWT pointed the importance of justice numerous times throughout the holy Quran and mentioned that it was one of the most important virtues and it is one of the foundation principles in which the religion of Islam is built upon. This is seen as justice stands next to the belief and worship of Allah SWT, and believing in the Prophet, Ahulbayt and the Afterlife.

Imam Ali AS also mentions the importance of justice in one his hadiths as he eloquently says: “Nothing can cause nations to flourish like justice”

This hadith on its own reveals the greatness of this virtue as the Imam is saying that it is through justice that a society flourishes and develops in a beautiful manner where it is built upon peace, respect and equality.

If one wants to see a perfect example of justice embodied in an individual one must surely take a look at the life of Imam Ali Ibn Abi Talab AS. Known as the voice and embodiment of human justice, Imam Ali fought against oppression and inequality up until his very last breaths. He symbolized equality and justice and whenever his name is mentioned one cannot help but think about the power the Imam contributed to the justice that exists in Islam. It was the Imam that insisted everyone his community is treated with fairness, no matter what race or religion they belong to; however he was faced with many who opposed him and the justice he spread in his community, which lead to his martyrdom. Many stories have been narrated as to how the Imam used to defend those who were treated unrightfully due to their religion, social status, color or race and was known for giving each individual what they deserved.

Through examples that one sees in today’s world, and through the messages of the Holy Quran and Imam Ali AS, one realizes the importance of the virtue of justice.

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