Oleh/By : DATO' SERI DR. MAHATHIR BIN MOHAMAD
Tempat/Venue : BANK NEGARA, KUALA LUMPUR
Tarikh/Date : 03/06/93
Tajuk/Title : SEMINAR ON ISLAM AND JUSTICE
I wish to thank the Institute of Islamic Understanding
Malaysia and the Ministry of Justice for inviting me to open
this seminar on Islam and Justice.
2. Several centuries after the decline of the Islamic
Empire, the world has been dominated by the non-Muslim
countries of the West. They not only succeeded in
dominating almost the entire world but also influenced the
thinking of those they control and imposed their values and
philosophy on these people. Their concepts and principles
of justice are also widely disseminated so much so that the
world is very engrossed with them and no one would question
whether it is good or bad.
3. At the same time, the West became powerful militarily
and economically and they controlled various kinds of
knowledge, including information technology, which enabled
them to suppress anyone who challenged them or their
principles, as well as the values they uphold and
disseminate.
4. This is their concept of justice. They speak
eloquently of the rule of law, human rights, democracy or
the voice of the majority, without taking into account
the existence of certain man-made laws that are unfair,
excessive human rights, and unwise majority voices.
Hence the laws in the West place too much priority on the
individual's right that allows him to do anything he pleases
even though his actions may threaten the peace and security
of the society.
5. International laws, meanwhile, were formulated to
provide the mighty with the right to suppress the weak.
The same applies to human rights which are highly valued to
the extent that groups, in the name of democracy, are given
protection even if their activities threaten society, peace
and progress. Democracy or the voice of the majority, as
found among the Serbs in Bosnia, is respected even though
the objective is to suppress the Bosnian Muslims. Even
though democracy clearly leads to disunity, breakdown in the
rule of law, suppression, cruelty and widespread poverty as
seen in the former Soviet republics and Eastern Europe, it
is still highly regarded.
6. At the same time, the West would not hesitate to turn
their backs on the very principles of justice they profess
to uphold, if such moves benefit them. In West Asia,
they appeared to be protecting the Kuwaitis from the cruelty
inflicted by the Iraqis. It appeared that their action
was based on humanitarian grounds and a sense of justice.
But when it was evident that the Serbs were terrorising
and killing the Bosnian Muslims, the West had a thousand and
one excuses for not acting on the Serbs. The truth is that
they acted in Kuwait because they wanted to protect their
source of petroleum. Since they have no interest in Bosnia,
they are willing to allow the Serbs to kill, terrorise and
suppress the Bosnian Muslims.
7. The actual principle subscribed to by the West and the
majority of present day world civilisation is based on Might
is Right. Since the West is powerful, everything they do is
fair. Since the Serbs are strong, their annexation of
Muslim land is condoned. As Islamic countries and Muslims
everywhere are weak, everything they do is wrong and unfair.
Efforts by Muslims to reassert the concept of justice, as
espounded by Islam, were criticised by the West as an
attempt to revive old and antiquated thinking. The danger
is that Muslims, in their frustration with their weaknesses
and failures, will react contrary to their religious
teachings.Because of the disappointment, Muslims may act
rashly, and commit the same offence as that committed
by their foes. This would then confirm the allegations of
the West that Muslims are extremists.
8. History is replete with examples of Islamic justice.
When the Romans conquered Palestine, the Jews were expelled,
reducing them to exiles across the world, in what is known
as the Jewish diaspora. But when Umar Ibn Khattab, the
Caliph, conquered Palestine, the Christians and the Jews
were allowed to stay. The same thing happened when
Salahuddin al-Ayubi the Caliph conquered Palestine, the
non-Muslims were protected. But today, when the Jews,
with Western help, annexed Palestine, Muslims including
children are suppressed, evicted and killed everyday.
9. The same thing was seen in Spain where Muslims rule for
800 years. During that time, the Jews and the Christians
stayed within their faiths and lived together with Muslims.
But when Ferdinand and Isabella regained control of Spain,
Muslims and the Jews, who failed to escape to Africa, were
killed or tortured to accept Christianity. This was why
under 800 years of Muslim rule, there were still Jews
and Christians in Spain; but when the Christians ruled,
not a single Muslim could be found.
10. When the communists were in power in the Soviet Union,
Islam was suppressed to the extent that no Muslim dared to
admit his faith. The same is true in Albania during the
Marxist regime.
11. Now, we can clearly see the injustices in Bosnia.
Islam is suppressed almost everywhere in the world even
though the world alleges that it subscribes to the
principles of justice and rule of law.
12. On the other hand, in Islam, a religion which is also a
complete way of life, justice is supreme and clearly
defined. In Islam it is clearly emphasised that the
objective of the the creation of the universe is primarily
to uphold justice and truth. Verse 85 of the Surah
Al-Hijr (15) in the Quran says:
" We created not the heavens, The earth, and
all between them, But for just ends"
This is true in Verses 38-39 in the Surah Ad-Dukhaan (44)
which says:
" We created not The heavens, the earth, And all
between them, Merely in (idle) sport. We
created them not Except for just ends: But
most of them Do not understand."
The Verses clearly state the real objective of creating the
earth and the sky, and in fact the whole universe, that it
is to uphold justice and remove cruelty and evil. In the
Surah Ad-Dukhaan (44), the said Verse 38-39, Allah made it
clear that the universe was not created for nothing. The
Universe was created for a reason. The Verse clearly denies
that the Universe was created without a reason. In fact, it
was created to uphold the truth and justice.
13. If we accept the fact that the Universe was created to
uphold justice, we, being one of Allah's creations, should
also uphold justice. In fact, upholding justice is one of
our responsibilities as a human being.
14. In Islam, justice means placing something in its
rightful place. Three very important aspects of justice in
this context are: First, placing someone in a post or
function appropriate to his capabilities. Second, to mete
out sentence or make a decision appropriate to a situation
or the person about to receive it. Third, to place wealth
or property to those who rightly deserves them.
15. In selecting someone for any post or function,
especially for important posts such as that of a judge,
Islam demands that only the most qualified person be given
such responsibilities. If we appoint someone who is not an
expert in a particular field, we would be committing two
acts of injustices. The first injustice is on the person
so appointed because he will not be able to perform his
duties as he lacks the necessary expertise. He will feel
pressured, bored, lacked confidence and has no interest in
doing his job. The second injustice is on the people or
community whom the appointed person is supposed to serve.
This is because the individual will not be able to provide
the service expected of him.
16. When selecting someone for an important post, the
Prophet (s.a.w.) once said that "in appointing someone to an
important post, when there is someone more capable for the
job, is a betrayal of Allah's trust, a betrayal to His
Prophet and a betrayal to all believers." This means that
in making such appointments, a meticulous exercise should be
undertaken to find the most suitable candidate possible
among those available, so that we will not be doing an
injustice to ourselves, the appointed person, and the
society he is supposed to serve.
17. When meting out sentences, Islam provides various
guidelines as contained in the Quran and the Prophet's
traditions so that the sentences are fair. Islam ensures
that the judge is selected from the most eminent of persons
in terms of knowledge, ability, wisdom and integrity. The
method to be used in meting out sentence should enable that
all relevant facts be obtained, scrutinised and considered
so that all doubts are removed. Witnesses, too, should
place justice above all other considerations, even if this
results in their personal loss, their family and friends.
18. In making decisions, be it social, political, economic,
management or administrative, justice must prevail.
Decisions, which could lead to adverse situations, are
unfair and unjust.
19. Justice is also demanded in the distribution of wealth,
be it in the physical form or opportunities to accumulate
them. In this matter, besides the direct distribution
of wealth, the distribution of the opportunities, too,
must be done fairly. This includes the distribution of
opportunities in the fields of education, business and
others.
20. Islam demands justice not only from its leaders but
also from the community, as long as one of the said three
aspects are present. If the masses are given the right to
choose their leaders, they must select the most qualified
and capable. All forms of corruption, such as demanding
personal rewards, or for certain quarters to reciprocate an
earlier assistance, run counter to Islamic justice.
21. The world's present chaos is a result of the
international community's disregard for the principles of
justice. The international community cares not and is cruel
to those who are weak. Again, the Bosnian experience can
be cited as an example. The weak Bosnian Muslims are not
allowed to obtain arms even for self-defence. The Serbs
who are already strong are allowed to increase their
weaponry. Now, the big powers agreed to give the territories
forcibly taken by the Serbs to them without due regard
to the rights of the Bosnian Muslims.
22. To the big powers, the powerful Serbs are right and the
weak Muslims are wrong and have no right. The big Western
powers still insist that they are right and fair. Can we
accept the western concept of fairness as the basis of
justice for our community? Should we not reject their
concept and principle of fairness unless they do not run
counter to that of Islamic justice as outlined earlier?
23. Legal history has proven that the process of making
laws into statutory legislations was initiated and
implemented by Muslims. This process has helped Islamic
laws become more accurate and structured. But it should
be noted that since the process of making Islamic laws
into statutory legislations were done by people, who are
not immune to imperfections, adjustments and corrections
on these documents need to be made from time to time
depending on time and place. In this way, laws which were
based on the Quran and the sayings of the Prophet (s.a.w.)
would be applicable at all times.
24. Crimes change with time. In this modern time, there
are subtle and complex commercial crimes which are difficult
to detect and determine. If no efforts are made to identify
these crimes and determine the appropriate penalty,
consistent with religious teaching, then such crimes will
engulf society. The same applies to hundreds of other
crimes today. Efforts should be made so that the
country's legal system is not inconsistent with the
concept and principles of justice found in Islam.
25. There are many flexibilities in Islam which take into
consideration the prevailing environment. Flexibilities are
allowed in all Islamic practises. Hence the Islamic way of
life does not become a burden and cause Muslims to face
hardship, thus alienating them from the changing times.
26. Today, Muslims are found throughout the world and not
only in Islamic countries. In most countries they are a
minority. As minorities they are unable to implement
Islamic laws that are practised by countries wholly
controlled by Muslims.
27. It is important that Islamic rule is accepted as fair
by all, including non-Muslims. Islamic rule in Medina and
later in Mecca, since the time of the Prophet (s.a.w.), were
fair to non- Muslims. Under the Prophet's (s.a.w.) rule and
under the Al- Rashidin caliphates forcing non-Muslims to
accept Islam and Islamic laws, confiscating property and
suppression, did not take place. There are times when
sentences imposed on non-Muslims were based on the laws of
their religion. As a result of the fairness of Islamic
rule, many non-Muslims embraced Islam and placed themselves
under Islamic laws.
28. In multi-religious Malaysia, the government, which is
led by Muslims, has to show to all quarters, Muslim and
non-Muslim, that its administration based on the concept
and principles of Islamic justice is truly fair. If there
is a perception today that Islam is extremist or cruel, the
reason is not that Islam is cruel but because there are
Muslims who, when in power, become arrogant and do not abide
by the teachings of the Quran and the sayings of the
Prophet (s.a.w.) and the examples of the rule of the
Prophet (s.a.w.) and wellknown caliphs in Islamic history.
Muslims who are in power, judges and Muslim
administrators in Malaysia should not be arrogant because of
their power and should not forget Islamic principles of
justice. It is important that the administration in Malaysia
led by Muslims, prove that their rule is fair to all, is
non-partisan and non-oppressive. It is the responsibility
of all Muslims to correct the wrong image of Islam caused
by extremists and deviationist groups who have given a
negative image of the religion and its followers.
29. We must not forget that the World today views that
might is right. Islamic countries, including Malaysia
should strengthen themselves. To a chieve this, the
important thing is to ensure that a fair and efficient
administration be established so that our achievement is
at par with thatof other developed countries. Only after we
have developed can we undertake preparation to strengthen
our defence capability to be on the same level with that of
other developed nations in all fields. This is necessary as
it is stated in the Surah Al-Anfal, verse 60 of the Quran:
"Against them make ready Your strength to the utmost Of
your power, including Steeds of war, to strike terror
Into (the hearts of) the enemies, Of Allah and your
enemies, And others besides, whom Ye may not
know, but whom Allah doth know. Whatever Ye shall
spend in the Cause Of Allah, shall be repaid
Unto you, and ye shall not Be treated unjustly"
30. If today certain countries and races, such as the Serbs
and the Jews, dare and able to suppress and terrorise, the
reason is because the Islamic countries are all weak. The
Quranic teachings on the preparation for defence are not
heeded. Their administration is ofen unfair and fail to
create peace and order vital for the development of
knowledge, efficiency and wealth, all of which are
needed for attaining strength and respect.
31. Hence, before we Muslims blame others, we should
question ourselves on our Islamic practises, especially in
respect of ensuring fair administration. If Islamic
justice is not evident and is difficult to be accepted by
all, then we are partly to be blamed.
32. Therefore, it is important not only to deliberate on
Islamic justice but also to prove that the concept and the
principle of justice in Islam can ensure righteousness and
create a harmonious society.
33. I hope this conference will succeed in clarifying the
concept and principles of justice in Islam so that any
misconceptions and negative image can b e corrected, and
that the world can learn and gain from the wisdom of Islamic
justice which can overcome the prevailing injustices caused
by the arrogance of the present world powers.
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