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                General Meaning
                
                
                
                
                Islamic Concept
                
                
                
                
                Foundations of Islamic Social Justice
                
                
                
                
                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. 
              [Back 
              to the start of this chapter] 
              
              
              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 unequitable, 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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