Justice.001In this tafakkur or ‘meditation’ upon the Qur’an, we explore the Islamic teachings on justice – what it means, its place in our religion, how it permeates the entire shari‘ah, and the dire consequences to nations and societies when justice is ignored or thrown to the wind. In fact, as we’ll see, the current state of the Muslim world owes much to a lack of justice. For as far as worldly affairs go, Allah’s help is with societies wherein justice prevails, even if it is a non-Muslim one, more than it is with societies wherein justice is lax, even if they be Muslim ones. The meditation will also contrast notions of justice with that of equality, and touch upon the view of ‘Islamic Feminism’. Below, then, is the verse around which the meditations will revolve:

يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ لِلَّهِ شُهَدَاءَ بِالْقِسْطِ وَلاَ يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَى أَلاَّ تَعْدِلُوا اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَى وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ خَبِيرٌ بِمَا تَعْمَلُونَ

O you who believe! Be upright for Allah, witnesses to equity. And let not hatred of a people cause you to be unjust; be just, that is closer to piety. And be mindful of Allah; surely Allah is aware of what you do. [5:8]

Meditations upon the above verse about justice (adl), fairness (insaf) and equity (qist) include:

1 – This verse comes a few verses after Allah commanded the Muslims: Let not hatred of a people that barred you from the Sacred Mosque cause you to commit aggression. [5:2] Here, believers are told to restrain themselves and not to retaliate, even against those who had barred them from visiting the Ka‘bah in Makkah; especially during the year known as the Year of al-Hudaybiyyah. This, undeniably, is a high standard of restraint and tolerance that Revelation elevated them to. But the verse we are meditating upon demands an even higher standard. For the first verse [5:2] required reigning in feelings of revenge and retaliation; the second [5:8] requires maintaining justice towards one and all, even when there is enmity or animosity. The first verse demands passive self-restraint; the second, a proactive establishment of justice towards even those who are hostile and belligerent to believers. Such is Islam’s bidding to justice.

2 – The Quranic insistence on justice can be found in many verses, like the following: Allah commands you to render back things held in trust to their rightful owners, and if you judge between people, that you judge justly. [4:58] In the next verse we are warned not to swerve from the demands of justice, whether for family, financial, social or personal gain or desire: O you who believe! Be upright for justice, witnesses to Allah, even though it be against yourselves, or parents, or relatives; and weather it be against rich or poor. [4:135] And: Then, if it returns, make peace between them fairly, and act justly. Surely Allah loves those who act justly. [49:9] Such is its virtue, that those who stand up for justice or act justly are admitted into al-maqam al-mahbubiyyah – “the Station of Being Beloved to Allah” and, in the Hereafter, ‘will be with Allah, seated on thrones of light at the right hand of the All-Merciful.’1

3 – Before moving on, let us pause for a minute in order to consider what we mean by the word ‘justice’. The Arabic term for justice, ‘adl, pretty much conveys the sense of what it does in English. ‘Adl can mean: justice, fairness, rectitude, equivalence, equity, or balance.2 Another way of understanding justice is to contrast it with its opposite: injustice. Arabs say: bi didiha tatabayyan al-ashya’ – ‘By their opposite are things best clarified.’ The Arabic word for injustice is: zulm, which Arab lexicalists define as: wad‘ al-shay’ fi ghayri mawdi‘ihi – ‘Putting something in other than its proper place.’3 Thus justice is to put a thing in its proper place. Which is to say, justice is to give each thing its due – at its due time, its due place, and in its due measure. Preliminaries over, let’s ponder the verse in a bit more detail:

4 – Addressing people of faith (iman), the verse states: O you who believe! Be upright for Allah, witnesses to equity. Which is almost identical to another verse: O you who believe! Be upright for justice, witnesses to Allah. [4:135] The only difference between the two is a slight shift in word order. In 4:135, the word qist (justice, equity) is placed towards the beginning of the verse; in 5:8, it is placed towards the end. The subtle distinction was explained by some scholars as follows: There are two causes why someone will swerve from the dictates of justice and equity and fall into injustice and oppression. The first is a bias towards one’s self, one’s family, or one’s friends. The other is enmity towards someone. Verse 4:135 addresses the former; 5:8 tackles the latter. Thus, after the order to be just, 4:135 specifies: even though it be against yourselves, or parents, or relatives; and weather it be against rich or poor. While 5:8 insists: And let not hatred of a people cause you to be unjust; be just. The gist of 4:135 is that one never sides with one’s self, family, relatives of friends if it means being unjust. In other words, if they oppose justice, side with justice and oppose them. The gist of 5:8 is that one must never allow animosity or ill will against people to be a cause for behaving unjustly or violating their rights. In 4:135, Be upright for justice comes first so no one is led to think that by siding with self-interests, family or relatives, over justice, one is maintaining family ties and hence is being obedient to Allah: they certainly are not! In contrast, 5:8 begins with Be upright for Allah so that feelings of revenge and retaliation are guided and regulated by Allah’s command, so that no injustice is perpetrated; not even against an enemy.4

5 – Some of the ramifications of the above Quranic call for justice may be seen in the following hadiths: Al-Numan b. Bashir reported how he once gave a gift to just one of his children, but the wife said she would not accept this unless the Prophet ﷺ was a witness to it. So he went to the Prophet ﷺ to request him to witness it. The Prophet ﷺ asked him: ‘Have you given gifts to all your children?’ He replied that he hadn’t. So the Prophet ﷺ said: ‘Fear Allah, and be just between your children.’ He ﷺ then said: ‘I do not bear witness to injustice.’5 So parents displaying outward favouritism to one child over another is considered an injustice (zulm) and is thus detested in Islam, due to the psychological harms, resentment or ill feelings it often breeds. The Prophet ﷺ said that Allah ﷻ said: ‘O My servants, I have forbidden injustice for Myself and have made if forbidden amongst you, so do no injustice to one another.’6 Also the hadith: ‘Beware the supplication of the oppressed one, even if he is an unbeliever; for there is no veil between it and Allah.’7

6 – Justice, as the saying goes, must be blind. There can’t be any favouritism, tribalism or partisanship, except to the truth. Justice, as we have seen, must be sided with; be it to friend or foe. And just as the Qur’an forbids injustice towards hostile non-Muslims, then more so the case with Muslim brethren who may be open sinners or innovators. Ibn Taymiyyah has written: ‘The leading scholars of [ahl] al-sunnah wa’l-jama‘ah, and the people of knowledge and faith, have in them knowledge, justice and compassion. They know the truth that accords with the prophetic guidance and that is free of any innovation. They act justly toward those who depart from it [orthodoxy], even if they have been wronged; just as Allah, exalted is He, says: O you who believe! Be upright for Allah, witnesses to equity. And let not hatred of a people cause you to be unjust; be just, that is closer to piety. And be mindful of Allah; surely Allah is aware of what you do. They show mercy to others; desiring for them goodness, guidance and knowledge. They do not intend harm for them at the outset. But if they do have to bring them to book, it is only to clarify their error, ignorance or wrong doing. Their intent in this is to clarify truth, show mercy to others, enjoin good and forbid evil, so that religion is purely for Allah and the Divine Word is made supreme.’8 So our da‘wah must be corrective – in other words, our teaching and outreach must entail clarifying and defending revealed truths from doubts, distortions, fabrications and baseless interpretations. This must only be undertaken with righteous intentions; seasoned knowledge; justice, balance and proportionality; courage, compassion and mercy; and seeking the good of people. Anything else will entail ignorance, injustice and the following of false desires.

7 – Expounding on the essence and inherent nature of Islam’s Sacred law or shari‘ah, Imam Ibn al-Qayyim reveals that justice is its essential feature. He explains: ‘Indeed, [Allah] transcendent is He, has clarified in the paths He has legislated that its purpose is: to establish justice between His servants and equity between people. So any path by which justice and equity are drawn out is part of the religion, and can never be in opposition to it.’9 Elsewhere he writes: ‘The shari‘ah is based and built upon wisdom and [achieving] public welfare, in both this life and the next. It is justice in its entirety, mercy in its entirety, welfare in its entirety, and wisdom in its entirety. Any issue that departs from justice to injustice, mercy to its opposite, public welfare to corruption, or wisdom to folly cannot be part of the shari‘ah, even if it is claimed to be so due to some interpretation.’10

8 – In speaking of justice, many well-intended Muslims are unconsciously secularised. Their discourse is often scarred by failing to grasp its Quranic essence – to put a thing in its rightful place; to give things their due. This requires knowledge about the value and measure of things, as Islam assigns to them, so as to give them their due. ‘Hence,’ Ibn al-Qayyim says, ‘knowledge and justice are the root of every good, while injustice and ignorance are the root of every evil.’11 But talking more from a marketable take on Islam than a textually-versed or well-studied one, they mistakenly equate justice (‘adl) with equality (musawa). This, though, isn’t quite Islam’s story. For sure, there are areas of overlap between the two. But the Qur’an is couched in the language of justice, not equality. To describe Islam as ‘egalitarian’, or to claim it advocates ‘equality’, is not just highly reductionist, the concepts are also not very meaningful. For while some verses of the Qur’an have an egalitarian temper to them,12 others verses insist on difference, distinction and divine disparity. In speaking of the disbelievers who have transgressed against their own souls due to their disbelief, the Qur’an asks this rhetorical question: Is he who is a believer like he who transgresses? They are not equal. [32:18] And: Not equal are the people of the Fire and the people of the Garden. It is the people of the Garden that are the winners. [59:20] Emphasising quality rather than quantity and that excess does not equal worth, the Qur’an states: Say: ‘Evil things and good things are not equal, even though the abundance of the evil may please you.’ [5:100] And: Say: ‘Are they equal, those who know and those who do not?’ [39:9] Then there are verses to do with gender roles, functions and natures: And the male is not like the female, is what the Qur’an says [3:36] And: Men are protectors of women because of what Allah has given the one more than the other, and because of what they expend of their wealth. So virtuous women are devoutly obedient, guarding in [their husband’s] absence what Allah has guarded. [4:34] And lastly, because men are legally obligated in Islam to spend of their wealth to maintain family and household, while women have no such financial burden, there is this verse: Allah thus commands you concerning [the division of inheritance for] your children: to the male, a portion equal to that of two females. [4:11] All this is just to say that the Qur’an speaks of justice and equity, not the nebulous social construct of equality.

9 – Of all the modern voices calling for equality, few are as muscular or more strident than feminism. Despite a mixed bag of views and approaches within today’s feminist movement, it does coalesce around certain core tenets and assumptions. All forms of feminism agree women have to be liberated from the tyranny of organised patriarchy that still shapes the world today, causing men and women to often live very different realities. They see patriarchy as being wholly unjust and indefensible, being nothing more than a social construct rather than an inescapable fact of nature. Feminists of all persuasions are, therefore, committed to dismantling patriarchy so as to construct an equal gender society. Beyond these shared beliefs, there are disparate feminist voices about how patriarchy has arisen and how it must be tackled and torn down. Secular feminists reject God, Revelation, and Religion in the narrative of feminism. They view religion and religious scripture as root sources of chauvinist ideas; baleful relics of an oppressive past that have no relevance to the debate about gender equality in modern society. Those who, in more recent times, come under the rubric of Islamic feminists are people who believe in the truth claims of Islam; believing that the Qur’an, when it is rightly understood, supports feminist claims about gender equality and abolishing patriarchy. They are convinced that the ‘ulema, starting from the time of the Prophet’s Companions (sahabah), throughout all the ages of Islam, have strayed from a correct understanding of God’s will for women, as espoused in the Qur’an. The strategy these feminists use to prop up their claims is the reinterpretation of the Qur’an, in order to bring it in line with their privileged, and arguably hubristic, insights regarding gender functions and equality.

10 – That violence, abuse and bigotry against women happen in every society globally, including Muslim ones, is tragic as it is shameful and abysmal. Feminists of all stripes have been at the helm of bringing gender inequities (both real and perceived) to the fore, and key in oiling the wheels of social change too. Islamic feminists, for their part, have set out to retrieve what they feel to be the original egalitarian message of Islam, one unencumbered by patriarchy and hierarchy. Their courageous efforts must surely be welcomed when they focus their energies on asserting the inarguable rights given to women within the established rulings of Islam, but that may have become obscure due to people’s ignorance, men’s egos, or cultural norms. Again, they must be thanked when they stress that marriage (nikah) in Islam is a contract between two consenting parties, neither can be forced, with both sides entitled to stipulate certain conditions (whether about polygamy; custody of children in the event of divorce; moving away from the parents’ city or country; or whatever other lawful condition that can secure their welfare) which, after mutual agreement, become binding on the two sides.13 The Prophet ﷺ said: ‘The conditions most deserving to be fulfilled are those by which the private parts become lawful to you.’14 Indeed, only the weak or the wretched will fail to appreciate respectful reminders about men having a Quranic commitment to treat their wives warmly and amiably: And give women their dowries graciously [4:4]; And live with them in kindness [4:19]; Lodge them in your own homes, according to your means. Do not harass them so as to make life intolerable for them [65:6]; and also: Either retain them in kindness or release them in kindness [2:231]. In fact, after their response to Allah and His Prophet ﷺ, our Prophet made how men treat their wives to be the true measure of manliness, status and excellence. He ﷺ said: khayrukum khayrukum li ahlihi – ‘The best of you are those who treat their wives the best.’15 And of course, we must accept the shari‘ah reality, whether pointed out by Islamic feminists or other than them, that a woman is not duty bound at all to remain in a violent or abusive marriage – despite entrenched cultural pressures that may insist otherwise. If their motives are truly for seeking Allah’s pleasure and acceptance, the work of Islamic feminists to help women acquire their existing rights in Islam must be seen as nothing short of deeds of valour, service and jihad in the path of Allah.

11 – Giving a robust nod to the above, some questions still need asking. How Islamic, for instance, is Islamic feminism? And how valid are feminist reinterpretations of the Qur’an? And does the Qur’an really endorse feminism’s dual core beliefs: doing away with patriarchy and dethroning hierarchy to create an egalitarian social order, so that women may be put on equal footing with men – socially, politically and economically? Here I wish only to draw attention to a few incongruities between loyalty to feminist principles and certain passages of the holy Qur’an.16 For example, how can one claim every form of patriarchy to be wrong, given that the Qur’an is pretty specific when it says in the context of marriage and family life that: Men are protectors of women [4:34] and that: Men have a degree over them [2:228]? Of course, such verses aren’t saying that every man is intellectually, morally and spiritually superior to every woman. But they are sanctioning patriarchy, at least in the marital and family context. Our Prophet ﷺ said: ‘Indeed, each of you is a shepherd, and each of you is responsible for their flock. The ruler is a shepherd over the people, and is responsible for his subjects. A man is a shepherd over his family, and is responsible for them. A woman is a shepherd over the husband’s home and children, and is responsible for them.’17 Surely this hadith is not just speaking about patriarchy, but to a sense of hierarchy too? Hierarchy makes more than a guest appearance in the Qur’anic command: O you who believe! Obey Allah and obey the Messenger, and those charged with authority among you. [4:59] We see hierarchy again in the verse which tells us who does and does not have the right to speak about matters of wider public welfare: If any matter comes to them concerning security or fear, they spread it around. But if they had only referred it to the Messenger or to those charged with authority, those amongst them who are able to investigate and reason out the matter would then know [what to do with] it. [4:83] At some point – be it the hierarchy present in a head of state’s authority over the subjects or citizens; or a wife’s obedience to her husband and her yielding to some level of patriarchy; or the non-egalitarian, unequal right of parents to receive kind and dutiful treatment from their children – feminists will encounter an epistemic impasse. Do they honour the clear-cut injunctions of the Qur’an, or do they remain glued to the key feminist principles and say ‘No’ to the holy Text? Do they acquiesce to some degree of Quranic patriarchy and hierarchy, or put the feminist quest to abolish these two ‘evils’ ahead of Revelation? Professor Jonathan A.C. Brown deftly notes: ‘The move to assuming that scripture contains the truth but need only be understood properly to saying ‘no’ to scripture because it says something unacceptable or impossible is a blow that shatters the vessel of scriptural reverence. It means that some extra-scriptural source of truth has been openly acknowledged as more powerful and compelling than the words of God in scripture.’18 So how ‘Islamic’ is Islamic feminism? Any creed, philosophy, ideology, value-system or ism – including Islamic feminism – that is given final authority to decide what is or isn’t good or bad, relegating Islam’s Revelation to a secondary place, forfeits any claim to be considered ‘Islamic’. For loyalty to feminism’s core doctrines and loyalty to Islam’s revealed truths are at odds with each other. Loyalty to one will undeniably necessitate disloyalty and disbelief in the other. This much is clear.

12 – ‘Certainly a scriptural tradition still has its uses even for those who have moved on to believe that truth comes from secular sources. It can be drawn on and quoted to move an audience or bolster ideas rooted elsewhere. But sooner or later, it will clash with secular truths and become a burden. In such cases scriptural tradition can be reread and picked from selectively to reconcile it with the recognized sources of truth. But it must be substantially reconfigured, as the Qur’an Only movement has done with Islam’s scriptures, or else at some point one must say ‘no’ to the text.’19 Islamic feminism (and we must now utilise the adjective ‘Islamic’ with great reservation), like other variants in feminism, is coloured more by secular philosophies and more awash with modern epistemologies than it is one rooted in Islam’s Revelation. The idea that one can simply reread the Qur’an, twisting the texts so as to sync them with certain secular dogmas of our age, is closer to the Nietzschean claim that there are no truths [facts]; just interpretations, than it is the Quranic starting point: It is He Who has sent down to you the Qur’an. Some of its verses are clear-cut; they are the Mother of the Book; whilst others are open to interpretation. [3:7]. Again, feminist talk about the dynamics of domination related to gender is more in line with Foucault’s notion of a power nexus that constructs and sustains social control over women’s bodies and minds, than it is the Quranic view that expects both sexes to rise above their petty egos; submit to the divine demands sincerely and wholeheartedly; honouring and celebrating the virtues, rights, relative merits and intrinsic inclinations of one another. Having explained the pro-feminist claims and arguments, Scruton wrapped-up his entry on ‘feminism’ with this note: ‘Anti-feminist arguments usually rely on the thought that it is no accident that the relations between men and women are as they are, and that there’s a ‘natural’ order in which both sexes are fulfilled by mutual dependence. They may add that the appearance of male dominance is only an appearance, and perhaps it is part of the bourgeois nature of feminism so easily to mistake appearance for essence.’20 Now this is a secular blasphemy worth giving some thought to!

13 – The Qur’an says: So set your face to the upright religion, the primordial nature which God has instilled in man. [30:30] Islam’s insistence on the fitrah; this innate, primordial nature that defines and sculpts our authentic belongingness to the natural order, lies at the root of much of Islam’s gender ethics. Talk of gender equality is too simplistic a take on things. Islam’s language isn’t about equality; it’s about complementarity. Men and women are neither equal nor unequal: rather they complement each other. So on the one hand we have the Qur’an celebrating gender differences: And the male is not like the female [3:36], while on the other, the Prophet ﷺ spoke of ethical similarities: ‘Indeed, women are the twin halves of men.’21 Alien calls for equality, therefore, are less helpful than indigenous calls for justice, respect and opportunity. Equality, where it does actually count in terms of justice, is equality in becoming recipients of Allah’s salvation, forgiveness, mercy and grace. This, above all else, is what ultimately counts and what Islam ultimately offers both men and women – equality of opportunity and agency in terms of salvation: And their Lord answered [their prayers, saying that]: ‘Never will I suffer to be lost the work of any of you, whether male or female, the one of you is as the other.’ [3:195]

14 – Cruel and unjust treatment of women continues to be a problem the world over, including Muslim societies and communities. Despite the Qur’an insisting otherwise, mens’ egos can all too often turn a deaf ear to the divine commands in this regard. If we Muslim men wish to fare well in the Divine Court, we’d do well to scrub ourselves clean from the stench of male chauvinism and learn the virtue of chivalry (futuwwah). If we Muslims wish to draw down Allah’s favours on our societies or states and climb out of this pitiful state that is currently ‘the Muslim world’, we must put working for social justice at the heart of our concerns: Be just, that is closer to piety. And be mindful of Allah; surely Allah is aware of what you do. But it’s not just about fairer treatment of women. It’s about justice and fairness for the other voiceless and vulnerable members of society too. In fact, scholars like Imam Ibn Taymiyyah hold that it is the absence of justice that is the main reason for Allah’s help and support to be withdrawn from any Muslim polity, thereby causing it to descend into tyranny, weakness, or rack and ruin. Ibn Taymiyyah puts it thus: ‘The affairs of people in this world are kept in order with justice and a certain measure of sin, more than with infringing peoples’ rights even when no other sin is involved. This is why it has been said that Allah upholds the just state even if it is disbelieving, but does not uphold the unjust one even if it is Muslim. It is also said that the world can endure with justice and disbelief, but cannot endure with injustice and Islam.’22

15 – Our final meditation follows on from the above. Ibn Taymiyyah presses on with the theme of justice and social stability when he writes: ‘The reason for all this is that justice is the universal order of things. So when worldly administration is established upon justice, it works; even if the person in charge has no share in the Hereafter. But if it is not based on justice, it doesn’t work; even if the one in charge is a believer who will be rewarded in the Hereafter.’23 Of course, corruption and injustices perpetrated by a government or ruling elite will certainly have its negative impact upon the social order. But it’s when injustice becomes endemic; when not only the regime, but public servants or the general public play fast and loose with the shari‘ah and with matters of justice, that things really fall apart. When corruption becomes normalised in society; when bribery becomes firmly rooted among public servants; when parents internalise oppressive control mechanisms in the way they raise their children; when patriarchy of husbands crosses a line from being benign and compassionate to being unjust and tyrannical; and when boys are taught to objectify women or to be chauvinistic rather than to respect them and learn to be the gentleman that the Sunnah demands, then it matters little how corrupt or not the actual government is. For by then, the victims of corruption learn to live with it, the perpetrators continue out of habit or because they can, and everyone rationalises their guilt away by blaming the system, saying: “Well everyone does it!” If we add to this list of injustices the crimes of neglecting salat or zakat; lying, cheating and slandering; and sexual misconduct and immoral behaviour, then to blame only the regime for the country’s failings and miseries is nothing short of delusional and a grand lie! Consider wisely and dispassionately the following words of Ibn Abi’l-‘Izz when speaking about tyrannical rulers that are Muslim:

‘As for maintaining obedience to them [those in authority], even if they are tyrannical, then that is because the harms that would result from rebelling against them would be many times worse than that which results from their tyranny. Instead, by patiently bearing their injustices lies an expiation for our sins and an increase in rewards [from Allah]. For Allah only inflicted them upon us on account of our corrupt actions – and rewards are proportional to their deeds. Thus it is upon us to diligently strive to seek forgiveness, repent, and rectify our deeds. Allah, exalted is He, said: Whatever calamity befalls you, is for what your own hands have earned, and He pardons much. [42:30] And the Exalted said: When a disaster befell you after you had yourself inflicted [losses] twice as heavy, you exclaimed: ‘How did this happen?’ Say: ‘It is from yourselves.’ [3:165] And the Exalted said: Whatever good befalls you is from Allah, and whatever calamity befalls you is from yourself. [4:79] Also: Thus We let some of the unjust have power over others because of their misdeeds. [6:129] So if those governed desire to rid themselves of the injustices of an unjust ruler, they too must abstain from injustice and doing wrong.’24

1. Muslim, no.4493.

2. Cf. Lane, Arabic-English Lexicon (Cambridge: Islamic Texts Society, 2003), 2:1972-75.

3. Al-Raghib al-Asbahani, Mufradat Alfaz al-Qur’an (Beirut: Dar al-Qalam, 2002), 537; under the entry, z-l-m.

4. See: Mufti Muhammad Shafi‘, Ma‘arif al-Qur’an (Karachi: Idarat al-Ma‘arif, 2008), 3:68-9, including as part of his commentary the treatment of Abu Hayyan al-Andalusi, Tafsir al-Bahr al-Muhit (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1993), 3:454-55.

5. Al-Bukhari, no.2587; Muslim, no.1623.

6. Muslim, no.2577.

7. Ahmad, Musnad, no.12510. It was judged to be hasan by al-Albani, Silsilat al-Ahadith al-Sahihah (Beirut: al-Maktab al-Islami, 1985), no.767.

8. Al-Istighathah fi’l-Radd ‘ala’l-Bakri (Riyadh: Maktabah Dar al-Minhaj, 2005), 251.

9. Al-Turuq al-Hukmiyyah (Makkah: Dar ‘Alam al-Fawa’id, 2007), 31.

10. I‘lam al-Muwaqqi‘in (Riyadh: Dar Ibn al-Jawzi, 2002), 4:337.

11. Madarij al-Salikin (Riyadh: Dar Taybah, 2008), 4:556.

12. See: Qur’an 4:1 on the origin of humankind from a single soul; 3:195, 16:97, 33:35 on the spiritual and moral equality of both sexes; 4:32 on men not having a right to take the money women earn; and 17:70 on each human being’s intrinsic dignity, regardless of creed or colour.

13. Cf. Ibn Qudamah, al-Mughni (Saudi Arabia: Dar ‘Alam al-Kutub, 1997), 9:483-89.

14. Al-Bukhari, no.2721; Muslim, no.1418.

15. At-Tirmidhi, no.3895, where he stated: ‘This hadith is hasan.

16. Shaykh Abdullah bin Hamid Ali has briefly toured Islamic feminism’s methods of reinterpretation in his article: Feminism & Recalibrating Faith According to an Islamic Epistemic. I’ve drawn a few pointers from his article in the discussion which follows. A more loquacious and metaphysical exploration of the subject is given in Abdal Hakim Murad, Islam, Irigaray, and the Retrieval of Gender.

17. Al-Bukhari. no.6719; Muslim, no.1829.

18. Brown, Misquoting Muhammad (London: Oneworld Publications, 2014), 288.

19. ibid., 289.

20. R. Scruton, Dictionary of Political Thought (Hampshire: Palgrave Macmillan, 2007), 248.

21. Al-Tirmidhi, no.113. Al-Albani graded is sahih in Sahih al-Jami‘ al-Saghir (Beirut: al-Maktab al-Islami, 1986), no.1983.

22. Majmu‘ Fatawa (Riyadh: Dar ‘Alam al-Kutub, 1991), 28:146.

23. ibid., 28:146.

24. Sharh al-‘Aqidah al-Tahawiyyah (Beirut: al-Maktab al-Islami, 1984), 381.

8 thoughts on “Justice, Equality & Feminism: the Quranic View

  1. ….much to reflect on….some thoughts
    The joining of Adl (justice) with Qadr (measure) is interesting (and appropriate)
    Justice is balanced when two other principles are “measured” into it—1) equality and 2) compassion and mercy. Without these two balancing components, “law” (Sharia) can become harsh and oppressive.

    Qadr (measure) is also a law of nature—in that equilibrium (balance) is the state that nature strives towards—however, equilibrium would not exist without sharr (trials/want) and khair (blessings/abundance). In our reality, “tall” would not exist without “short” nor “rich” exist without “poor”, the knowledgeable without the ignorant….etc…therefore, justice requires that those to whom God has given more blessings have the responsibility to share with those God has given less. This is for the benefit of our own soul….but it is also for the benefit of our societies. A community in balance leads to peace.

    To have a state of balance does not mean that all things must become the “same”—rather, the different components achieve a balance and harmony through mutual benefit. This distinction is the problem with “Modernity”–it tries to impose a “monoculture” or “sameness” on everyone. Differences are erased or minimized so that everyone can be “equal”—this is not the Quranic “equality” which is based on Unity in diversity. (intersectionality). The reality is that human lives (as well as natural systems) are diverse, complex and interconnected—God has endowed us all with our own unique talents and circumstances–rather than erasing this diversity—we/humanity as groups/communities as well as individuals must use it for the benefit of all of God’s creations.

    “Feminism” has gone wrong because it has failed to see this reality of diversity and assumed all women face the same “problem” as western white women and therefore there is a one-size-fits-all solution. Oppression never is–and never was–just a women’s issue. Oppression is primarily an issue caused by unjust and unequal “systems” ….which in turn spring from an unbalanced paradigm/world-view. In the Quranic paradigm, the strong must protect the weak (regardless of gender)—not because one is superior/inferior to the other—but because to those whom God has given more (strength, wealth, power…etc)—they also have a higher commensurate responsibility. This balance of blessings with responsibility makes diverse human beings “equal”. Thus, we come back to the principle of Qadr (measure) and the way to balance “systems” so as to create harmony which will lead to peace….

    1. You’re absolutely right when you point out that without mercy and compassion, justice can be cold and clinical. It’s also true that there is no justice without first reigning in our egos.

      Again, thank you for highlighting Allah’s qadr or due “measure” of all things, and how Islam celebrates diversity rather than a socially constructed “sameness” or equality.

      Although I accept that, historically, feminism has been largely driven by white female, euro-centric concerns, and feminist problems and solutions seen through a western social lens, I’m not quite sure if that’s still largely the case today. For me, that would require some investigation. And that’s not to say that today’s monoculture is not now ubiquitous.

      Once again, thank you for sharing your insights and comments.

  2. Typo “many well-intended Muslims are unconsciously secualrised” -> “secularized”

    (Note: you don’t need to approve this comment, just fix the typo as I may add more errors if I spot them while reading, Jazaka Allah Khayran)

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