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When oppression, discrimination, persecution and barbaric punishment for small crimes or noncrimes are justice...

In this article I discuss the concept of Justice in Islam. Many a time we hear expressions like "Islam promotes justice", "Islam is just", "Islam promotes a just society".

This article is divided into three part:

First, what is Justice and how it can be ascertained.

And second, the applications of Justice in Islam:

1. Jizya
2. Politics
3. Women
4. Inhertiance
5. Punishments for crimes

What is Justice and how it can be ascertained

The concept of “Justice” is not exact science. It also developed and matured throughout human history. “Justice” in ethical theory may or may not agree with “Justice” in political theory. I am not interested in discussing such scholarly differences that are better left for academicians. I am interested in social justice. Islam claims to offer social justice and I suspect that Muslims who say “Islam is just” have the concept of social justice in mind.

One of the best social concepts we have is the golden rule “treat others as you would want to be treated”. This is a great rule that is golden indeed. It promotes the genuineness of human equality in social affairs. There are no classes, and there are no caste systems. It means humans are brothers and sisters, and ought to treat each others in a decent and humane way. Every decent human being should practice and promote such a rule.

Even though the concept of Justice may not be defined in exact terms, we know what may or may not constitute a just rule. If every individual in the state can run to be elected president of the state, that is a just rule. If some individuals cannot run to be elected as a president of the state because of their eye colors, or because of income level or religious convictions, that is not a just rule. In summary, we can recognize the applications of Justice when we see them. We also know the converse.

Application of Islamic Justice

Let me move now to Islam and its applications of Justice on certain matters. There are certainly other matters in Islam that one can analayz to see if they insure justice or not, so my list is not conclusive by any means.

1. Jizya: This is a tax levied against non-Muslims living in a country ruled by Muslims. Please note that the “amount” of this tax is immaterial for our discussion. This tax is unjust regardless of how you look at it. Imagine if you live in a country that forces you to pay a special tax just because you are a Christian, or a Hindu, or a Buddhist. It just does not make sense to force people to pay a special tax because they hold certain religious beliefs. Individuals in a specific state must be obliged under the same tax laws that apply equally to all citizens of the state, regardless of their religious convictions. The golden rule is clear on this matter.
2. Politics: In a country ruled by Muslims, only a Muslim can run for election as president of the state. The same applies for other elected seats. Is this a Just practice? Off course not. The golden rule tells you that you are disenfranchising individuals who may be highly qualified to run for such positions, and be very good for society if elected and allowed a chance to serve. The only reason they were not allowed to run for a political seat is because they are not Muslim. What a silly reason indeed. A person can serve well his society regardless of his personal religious beliefs.
3. Women: A man can beat his wife (Qur’an 4:34). A woman cannot beat her husband. Is this a just practice? The golden rule says that this is indeed not a just practice. The Qur’an does not have the equivalent of verse 4:34 that gives women a chance at beating their husbands. I reject the Qur’an as a useful book. But if one accepts the Qur’an, and the golden rule at the same time, then one accepts contradictions. Such a person believes that a man can beat his wife, but the wife cannot beat her husband. This is a contradiction in and of itself with regard to the golden rule. The golden rule is an instruction and a universal moral command to treat people equally and fairly. Also, a man is allowed to marry up to four wives in Islam. A wife is not allowed to marry up to four men. Is this a just practice? Off course not. The golden rule tells you that if you want to allow men to marry up to four women, the converse should be allowed too. A woman should be allowed to marry up to four men. However, Islam is a one-way street here. Hence, again, it is in contradiction with the golden rule.I do feel I need to insert my personal convictions about having multiple wives here. I think it is an ugly practice. It is crude and inhuman. I believe it degrades women as full human beings.
4. Inheritance: Islam has so many rules about inheritance. It has rules who gets what, and in what proportion. But one of the ugliest inheritance rules in Islam is that when a man dies, his sons get twice as much as his daughters. What an ugly and inhuman rule? It is a rule that is clearly designed to degrade women, and violate any universal moral code of decency, let alone the golden rule of what is just and fair.
5. Punishment for crimes: “Stealing” is an example of crimes and punishment in Islam. The punishment for such a crime in Islam, regardless of the amount stolen, is to cut the hand(s) of the perpetrator.

I submit to you that the cutting of hands in this case is one of the most inhuman acts a religion can do. First, when you cut the hands of an individual, you have put him/her at a disadvantaged position for the rest of their lives. Most jobs require hands to be able to work and make a living. If the hands are cut, society has to pick up the tab and pay for that individual’s life for the rest of his/her life. Second, the amounts of theft matter. When one steals a can of soda, the punishment should be much lighter than when someone steals a million dollar or a car or a motorcycle. So, clearly, stealing is a crime that requires a detailed system of gradual punishments according to the amount stolen.

Hence, Islam’s code of punishment does not promote a just society that deals in a fair way with criminals. “stealing” is just an example of how Islam’s laws of punishment should never be applied. They do not belong to human society, period.

Where does the golden rule apply here? Well, if you stole something, would you want your hand removed, and rely on state benefits to live a marginal life for the rest of your life, Or would you want to make up for your mistake and move on with your life? The golden rule takes the second choice for any individual. Islam’s rules of punishment are not fit for human consumption here.

Conclusion

The above analysis showed many problematic issues in Islam’s value system. Islam does not treat individuals in the same state equally. Islam does not provide a good value system in dealing with men and women. Islam’s political system does not promote the golden rule of fairness between people living in the same country. Islam’s system of punishment does not help individual’s in their lives, rather it is designed to maime people and render them useless for the rest of their lives. In short, Islam is unjust, and, in Sina’s words, “belongs to the dustbin of history.”

Comments (11)

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Islamic Justice
written by Anti Clot , August 12, 2009

It is just about the difference between intelligent people and stupid people. Stupid people take anything word by word because they are unable to think while intelligent people understand the text and know to differentiate. Islam means what is writte in one of the Pauline Letters: The letter kills. Islam is the other way to say NO. No, we can't!

To the IK
written by Muhamed , August 12, 2009

I do not read much on this website because of the quality of the articles published here and this article by Ibn Kammuna is no exception. But I feel my duty as a normal Muslim to rebut these senseless accusations.

1. Jizya: the author did not discuss this in further details because it exposes the reason behind why Islam imposes such tax. The non Muslims under Islam were not required to serve in the military and did not have to do other public services. The Jizya compels the Islamic state to protect the non Muslims who live in its reign.
2. Politics: the author did not read about Muslim Spain and how the Christians and the Jews were granted the highest positions in the state regardless of their faith. Today in many Muslim countries like Jordan, Syria, Egypt, Morocco Christians serve posts ranging from top military ranks to public offices.
3. Women: Did you quote the entire verse. Did you not want to mention women’s rights in Islam?
4. Inheritance: this relates to the item above, you forgot to say that women are not financially responsible for their family members like men. If so why can not the man get double the amount since he will share it with his wife, children and others while women do not?
5. Punishment for crimes? Even on this one you missed the truth. Islam puts value on the amount stolen before such punishment is applied. But there is no doubt that excuting of paedophiles, rapist, drug traffickers like Islam impose is a very just and human for the society, something that the West should implement.
With regards,

Your brother in humanity.

...
written by IK to Mohamed , August 12, 2009

Dear Sir,
Putting researchers down is not a good thing. I have written many articles on those points you are raising. Below are some of them. Brother, Islam is one of the worst belief systems ever created (by a mad mind who got lucky). Good day


Jizya
http://www.faithfreedom.org/2009/02/07/analysis-of-the-jizya-concept/


Beating Women

http://www.faithfreedom.org/2009/02/24/beating-women-in-islam-quran-and-hadith-evidence/
http://www.faithfreedom.org/2009/02/25/putting-islamic-teaching-into-practice-beating-women/

...
written by JohanM , August 12, 2009

I am not an expert in Islam. But one need not to be an expert in Islam to see the injustice what it cause to the Muslims and to the Non Muslims.

In India Muslim rulers collected Jiziya from their non-muslim subjects for centuries and yet they inducted them in Armies sent them in wars. Mughals were the prime example they extracted the Jiziya from the Hindus and still sent them in their war efforts (Rajpoots were the prime example). What do you mean by "other services" . Reality is those "Other services" are nothing but all the plump administrative and military jobs which Muslims reserved for themselves. This trend is still seen in all Islamic countries where they do not let other Non-Muslims to reach highest positions weather it is in judiciary, army or government. Even in the country like Saudi Arabia the Shias have no rights and they can not reach highest position in the government. Jiziya was designed to push the Non-Muslims into such a corner that they ultimately fall prey to the Islam.


Offcourse Islam places the death penalty to the paedophiles, rapists but still all this is just an eyewash. All the process and procedures set in the Islamic justice system is as such that victim becomes further victimise and paedophiles and rapists emerge more pios muslims in the end.

Drugtraffickers get death penalty in the countries like Saudi Arabia. Sounds good!! But capital punishment to the drugtrafficker is actually just another hindrance to the justice and to protect the real ring leaders and drug users. Which are none but the most pios Saudi Muslims. Every now and then one hears a news that someone (mostly Pakistani nationals) caught in drugtrafficking charges in the KSA and executed as soon as possible. They execute them because they do not want to embarass themselves with the truth.

Islamic nations i.e. Afghanistan, Iran are the most notorious for the drugs cultivation and use.

I am sorry I may sound bit harsh but it does not make any difference what has been butressed as the justice in the end or at start. Other components of justice matter more in the justice system. You can give death penalty to the rapists so you can sound good to your audience but you can make the entire system such that one can never prove the rape. Even rapist can easily prove that he was enticed and come out with all his dignity intact. Unfortunately Islam is designed that way

I am a non-muslim and I thank you in advance for considering me your brother in humanity. Unfortunately in Islam "humanity and brotherhood" is reserved for Muslims only.

Punishment In Islam
written by Abhijit , August 12, 2009

Why dont we punish the terrorist and terror suspects in India by Islamic Way? I think Ajmal Kasab and all those Muslims arrested in India are treated as guests awaiting justice. Why doesnt the Govt in Islamic style give justice to them by chopping them in Public. We will have to follow the doctrine of tit for tat otherwise our future under the threat of Islamic thoughts is not safe. Justice delayed is justice denied, if these fanatics want Islamic rules lets start by executing them that also in Islamic way.

Islam end is the solution
written by Steve , August 12, 2009

Islam is anti development and against women and non-muslims. Its a common thinking among muslims that just they allowed non-muslims to live within there kingdom, Islam is tolerant. Just like a slave does more hard work the non-muslims under muslim rule have to do extreme hard work. The 40 % of the non-muslims in malaysia is running the economy while muslims harass them and take away a good share of income in the form of bhumiputra schemes.
There is no doubt that many secular muslim rulers have ruled which allowed non-muslims in some important postions against the common belief in islam. Only because rulers like Ataturk, Shah of Iran, Akbar the great (apostate) etc are some nice examples. The non-muslims have just suffocated under islam.
The muslims just need one simple excuse to kill non-muslims and in recent news we can easily see.
All other religion people have learnt to live happily among themselves except muslims.
Either muslims realise the evilness of muhammed and do mass apostasy or a violent resistance will develop among non-muslims and islam will be banned by force.

Justice in Islam
written by Shafee al-Zindig , August 13, 2009

The very concept of justice is foreign to Islam, Muhammad its evil founder, its harsh desert god Allah and its fanatical followers. This is because it is impossible to have any justice without the application of the Golden Rule. Islam only believes in the Iron Rule – hence no real justice in Muslim countries.

Can one really expect justice from a false god such as Allah who claims he created the majority of people to fill his sadistic hell? Moreover, as per his trashy Quran, he deliberately misleads and misguides people in order to lead them astray so that he can unjustly punish them. What type of justice is this supposed to be?

to muhamed
written by surj , August 13, 2009

Jizya. You say, "The Jizya compels the Islamic state to protect the non-muslims who live in its regin." Very well, So you mean to say if the non muslims don't pay Jizya,they will NOT be protected? Protected from what? being killed, their women being raped, their property taken away by force,etc,etc. So it would be OK for the West to implement Jizya on ALL the Muslims who are living in the West for their protection. But unfortunately people of the West are too civilized to do such a wicked thing. I think people in the West have to wake up and treat Muslims as the non muslims are treated in Muslim /Islamic Countries, tit for tat as Abhijit says. Muslims only know the meaning of violence and not peace. I say Islam is EVIL cult as are the muslims.

to Muhamed.
written by surj , August 13, 2009

Sura 4:34 "Men have authority over women because Allah has made one superior to the others, and because they spend their wealth to maintain them.Good women are obedient.They guard their unseen (parts) because Allah has guarded them.As for those from whom you fear disobedience ,admonish them and send them to beds apart and BEAT them. Then if they obey you, take no further action against them.Allah is High, supreme" Now go on and say I have quoted out of context, as muslims usually say. You people are worst than animals. log on http://www.dailytimes.compk/pr...009_pg13_2 and read In Lahore, A 70 years old "hakeen" Ahmed Din raped 80 years old Fateh Bibi. In the same paper you see child rape case. No wonder you Muslims emulate Mo-Ham-Mad your so called prophet.

Spend their Money?
written by Bonnie , August 15, 2009

Why would Mohamed think muslin women would not spend their money on their families? Women of other beliefs do so all the time. Are you implying muslim females are less generous than other faiths?
Or, is it too hard to accept the idea of muslim men showing they are a grasping, portrait of selfish greed? You who cherish death! What weaklings you are. It is so much harder to live and face the challenges of living. Muslin men run to death because they are afraid of life. So go to your hereafter and get your 72 inflated dolls. No living, intelligent women would have you!

Treat them the same way as they treat others- badl
written by David , August 24, 2009

General Pershing had the solution to Islamic terrorists back at the turn of the 20th Century. He caught 50 muslim insurgents, tied them to stakes to be executed, then dipped the bullets in pig's blood and shit 49 of them, burying their bodies in the pit with the pig's carcasses. The last muslim insurgent they let go to tell his terrorist buddies what happened. There was no Islamic terrorist actions for over 45 years.
Political correctness only works if all sides agree to them and adhere to them. Therefore, since Islam refuses to treat any other religion with dignity and respect, then so be it- treat them the same way. Throw pig's blood on them, their children, and their families. No questions asked- just do it. See how quickly they stop under that threat (a muslim will not go to heaven if they come into contact with the blood of a pig).
Also, that whole idea begs a question: why is their god (lower case 'g') so weak that he cannot forgive someone touching pig's blood? also, why does their god need men to force people to submit? he must not be god if he needs mortal men to help him out with the convertion of the world.
What if Christians started acting the way muslims do? Let the Christians violently protest every perceived insult to Christianity and Jesus Christ. The entire Middle East would be destroyed in one day because the Christians have all the nukes that are deployable. Hey islam- you better watch yourself- you will piss us off one time too many with your childish, 3rd grader-level behavior and ignorance of the world. You will wake the sleeping giant that is the Christian world, and you will come to realize that your 'god' is not what you proclaim him to be. instead, he is exactly what we say he is- nothing but an idea made up by some idiot 'prophet' that lied, cheated, murdered, raped, only to his own personal gain.
Jeses Christ lived the perfect example of what he preached- he never made excuses, he never modified the Law with some convenient 'revelation' from God- he was the example, right up until he sacrificed himself for all mankind. i notice that muhammad NEVER did anything like what Christ did- because the only thing muhammad cared about was his own interests.
Another thing- NOWHERE in the old or new testaments is muhammad mentioned as 'the next prophet.' muslims claim that the ancient books were 'changed' but they offer zero proof. instead, they go on the word of one man who gives no proof.
the ancient books weren't changed at all- but muhammad needed to push his own proclamation of prophethood and enforced it with violence.
no muslim will ever admit that or accept it- they will do the typical ignorant muslim thing and either not listen to reason, or get violent.
muslims, you are deceived so greatly- it really is sad that you put stock in that crap. incidentally, i was in afghanistan for several years among the poeple- islam to them is nothing but an option to be used when convenient and discarded when not convenient for self-gain. you muslims make me sick.