The Concept of Justice in Islam — Page 9
save according to its capacity. And when you speak, ob- serve justice, even if the concerned person be a relative, and fulfil the covenant of God. That is what he enjoins upon you, that you may remember. (VI. 15 3) It will be seen that these two brief passages embody a variety of substantive procedural and evidencial ordinances and rules. All con- tracts, save in exceptional cases, are required to be reduced to writing. The writing is to be at the dictation of the party assuming or undertaking the obligation and where such a party is not fully competent, at the dictation of his guardian. The scribe and the witnesses are put under obligation to write justly, to come forward to bear witness when re- quired to do so, and to bear true witness. There are other injunctions with regard to the administration of the property of an orphan and giving full weight and measure. There is particular emphasis on speaking truthfully and justly where the person concerned is a relative. The discharge of these obligations is described as fulfilling the covenant of God. The emphasis on the moral and spiritual sanctions is maintained. The dignity of the judicial office has always been fully safeguarded in Islam. Complete independence of the judiciary was established at the very beginning. There are recorded instances where the judge ad- hered to the strictest standards of justice and of the evidence required to establish a fact, even where one of the parties concerned was the Head of the State himself, though, of course, in his private capacity. It is worth remembering that all this was laid down and was scrupulously observed and acted upon more than thirteen hundred years ago. It is greatly to be regretted that some of the high standards set up in Islam have not been uniformly observed during later periods but the eagerness with which Muslims are anxious to re-establish Islamic values is a reassuring augury with regard to the future.