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THE DEPARTMENT OF JUSTICE

One of the important functions of the state is the dispensation of justice to the people. It has to constitute such courts that unbiased and fair judgments are made on disputes between the citizens. If the poor and needy are not protected by the state, the foundations of such a state become weak and peace will not prevail there for long. This will bolden the perpetrators of cruelty on one side and on the other, the suffering poor might rise in rebellion. Therefore, it is said, “A country can exist with infidelity but not under oppression.”

The constitutional regimes of the world form courts for civil, criminal and small causes, but people have to make rounds of the courts for hearings and pay heavy fees to the attorneys seeking redressal for, in most cases, a just cause. But Islam has devised such system of justice that, if it is followed properly, neither there will be any difficulty in delivering justice nor will the supplicant have to be burdened with heavy expenses. In this system, there is no scope for partiality or bribery. In Islam, only such persons are authorized to deliver justice who have attained a high degree of piety and have an interpretational awareness of the Islamic law of justice. They must be self-respecting and with a clear conscience. They have to be highly respected persons in the society so that they do not stoop to bribery and favoritism in dispensing justice.

Amir al-Mu’minin (a.s) gave special attention to the department of justice during his regime. At every prominent place, he constituted courts. He appointed as qadis only persons of piety, honesty, integrity, and knowledge about the Islamic Laws and jurisprudence. `Ali (a.s) himself had served as a qadi during the time of the Prophet (a.s) and he is known for his dispensation of justice in the annals of the History of Islam. After this practical experience, none could match his skills in the organization of the department of justice. Keeping the human weakness in mind, he provided sufficient compensation to the qadis that they need not think of malpractices and bribery in the discharge of their duties. As a check, strict vigilance was kept on their activities and the lifestyles. If any suspicions arose, they were either reprimanded or removed from their positions. Therefore, the qadi of al-Kūfah, Shurayh Ibn Harith, who

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was serving in that position since the times of `Umar, was found that he had bought a house for eighty Dinars. `Ali (a.s) called him and said, “I have heard that you have bought a house for eighty Dinars!” Shurayh replied, “Yes!” `Ali (a.s) looked at him in anger and said, “O Shurayh! Is it that you bought the house with someone else’s money or through ill-gotten money? If it is so, then you lost this world and the Hereafter too!”

Islam is a religion of justice. It wants to see justice in all walks of life. Then the very purpose of the department of justice is specifically for deliverance of justice! Therefore, the Holy Qur’an says:

وَإِذَا حَكَمْتُمْ بَيْنَ النَّاسِ أَنْ تَحْكُمُوا بِالْعَدْلِ.

“…And that when you judge between people, you judge with justice. (4/58)”

The requirement of this justice is that during the hearings the judge must be absolutely impartial and unbiased. Amir al-Mu’minin (a.s) was very particular about equitable treatment of the contesting parties whether they were Muslim or they were Dimmi. He gave strict instructions to the judges to follow this rule meticulously without any consideration for any one. The author of wafiyyat al-a`yan has written that with one Dhimmi he (`Ali) went as a contesting party to the court of Shurayh the judge. Shurayh the judge stood up to receive him with due respect. The Imam (a.s) said, “This is your first injustice!” Once a person was `Ali’s guest and during the same period he made an appeal against another person in the Imam‘s court. He told him that he was a contestant and the Prophet (a.s) has said that it is against the requirements of justice that the judge keeps one of the contesting parties as his guest and not the other. Therefore, he asked him to move away from his place. It is recorded in the books of tradition that once `Ali (a.s), during the period of `Umar, visited him in connection with a case. `Umar addressed him as Abul-Hasan and the contesting party as the opponent! At this signs of unease came on the face of `Ali (a.s). When he was asked about his disturbance, he said that the requirement of justice is that the way of addressing the contesting parties must be equitable. Addressing the one with his kunyah and the other in a different way smacks of making difference between the two!

Mentioning about a couple of instances, that are an infinitesimal part of innumerable such instances, it has to be accepted that the eyes of `Ali (a.s) used to be focused on the requirements of justice and even minute aspects did not escape his attention. In the events narrated here, it has certainly become

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evident that he did not like welcoming one contestant to the hearing and neglecting the other, or addressing one with more respect than the other. Such intricacies will be noted by a person who keeps intently focused on the details of the matter. He made the Judges understand that although what they did was not very important but the attitude might reflect the possibility of bias creeping into their verdict. Will there be any person in this world who would object being addressed with due respect, when he is certainly deserving of all respect! But the Imam’s sense of justice was such that he felt that there was an element of bias when the other party and he were addressed in a different way.

These days we hear a lot that the judiciary must be free of extraneous pressures so that it did not become an instrument in the hands of the establishment and instead of protecting the public interest, it starts serving the functionaries of the state. No doubt, to this extent the independence of the judiciary is very essential. The judiciary is the institution for the translation of the laws and statutes into practice and the laws are not restricted to the people but also the state is subservient to them. But this does not mean that the judiciary is given total liberty to act as it wished. There must be someone to review the functions of the judiciary. It is the responsibility of a just establishment to evaluate the judgments of the department of justice and review the decisions wherever necessary. Therefore, Amir al-Mu’minin (a.s) made it mandatory for the judiciary to communicate the verdict on important cases to him for review before they were pronounced. The author of Wasa’il al-Shi`ah writes that the Imam (a.s) told the Shurayh the judge:

“Beware! Do not pass any verdict on cases of qisas or the matters requiring Divine Justice and about the Rights of the Muslims before referring them to me.”[1]

As far as freedom to the judiciary in the ordinary cases was concerned, he stressed on the qadis to practice the utmost equity and fairness in their verdicts. He was very particular of the judges not favoring anyone, however important he might be. Therefore, when he was returning from the Battle of Siffin, he lost one of his armor chain. After some time he saw a Christian wearing the same armor. The Christian insisted that it was his property. `Ali (a.s) went in appeal to the court of the Shurayh the judge. On inquiry by the judge, the Christian said that the armor belonged to him and that he was in possession of it was the proof of his ownership. Shurayh asked `Ali (a.s) his

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proof of the ownership of the material. The Imam (a.s) said, “The armor is mine! I have neither sold it nor have I gifted it to anyone!” Shurayh was confused that on the one hand the claim of `Ali (a.s) could not be wrong and on the other hand the respondent had the strong proof of the possession of the material. With the evidence available, the verdict would go against `Ali (a.s). The qadi was reluctant to pass the verdict against him. Noticing this, the Imam (a.s) told him to give a verdict that was according to the requirement of justice. Therefore, the verdict went against `Ali (a.s) and the Christian retained the armor with him.

When we analyze this case, several aspects of justice become evident that highlight `Ali’s great sense of justice. As the head of state, he could have passed a verdict on the case. The verdict would have been in his favor only because he knew that the armor was his own stolen property. But he did not want the supplicant himself to give a verdict. Therefore, he went before the Shurayh the judge. Instead of telling to the qadi that the property was stolen by the respondent or he might have bought it from the thief, `Ali (a.s) told that he had neither sold nor gifted the armor to anyone. Although the intent was clear that the property was stolen, he did not say that the person was a thief. Although he lost the case, it was his moral victory. The result was that the Christian felt defeated even after winning the case. When he came out of the court he could not look straight into the eyes of `Ali (a.s). He apologized to `Ali (a.s) and said that he had picked up the aromor on the way from Siffin and wanted to give it to him. He praised the Imam’s high morality, sense of justice and in fact, he was so impressed, that he embraced Islam at that instant. `Ali (a.s) was very happy that the person had embraced Islam and gifted that armor along with a horse to him!