Justice Above Status, Truthful Testimony Required, and Severe Warning Against Deception and Oppression
In The Name of Allah, The Most Merciful, The Bestower of Mercy.
Equal Application of the Law On All Those Have Reached The Age of Accountability In Islamic Law – Regardless of The Status of The Guilty Party
Aa’isha, may Allah be pleased with her, reported that the Quraish had been anxious about the Makhzumi woman who had committed theft, and said, “Who will speak to Allah’s Messenger, peace and blessings of Allah be upon him, about her?” They said, “Who dare it, but Usamah, the loved one of Allah’s Messenger?” So Usamah spoke to him. Thereupon Allah’s Messenger said, “Do you intercede regarding one of the punishments prescribed by Allah?” He then stood up and addressed (people) saying, “O people! Those who have gone before you were destroyed, because if any one of high status committed theft amongst them, they spared him; and if anyone of low status committed theft, they inflicted the prescribed punishment upon him. By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut of”. [1]
“Do you intercede regarding one of the punishments prescribed by Allah?” Meaning, it is not permissible to intercede regarding the divine prescribed punishments.
“Those who have gone before you were destroyed because if any one of high status committed theft amongst them, they spared him; and if anyone of low status committed theft, they inflicted the prescribed punishment upon him”.
Meaning, destroyed through punishment due to their sins. They were destroyed due to this matter because they said, “This is a person of high status and it is not possible to cut his hand”. When a person of high status amongst them stole, they let him off, (but) when a person of low status stole, they established the punishment on him, thus the implementation of Allah’s prescribed punishments was carried out based on their desires. In this hadith is proof to show that the nations before us committed theft, and that there was much theft in their midst including the wealthy, the poor, the one of high status and the one of low status.
The Messenger then made an oath – even though he is the righteous and truthful one without making an oath – that “By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut of”.
O Allah! Send Your Salutations and blessings upon him (i.e. the prophet). This is how justice should be and the manner in which Allah’s rulings are to be applied, and not through desires. He made an oath that if Fatimah – who was of a higher status than that Makhzumi woman, both in nobility and lineage, because she is the leader of the women of paradise, the daughter of Muhammad – stole, he would cut her hand. [2]
Imaam An-Nawawi, may Allah have mercy upon him, stated that Imam Muslim, may Allah have mercy upon him, mentioned narrations in the chapter regarding the forbiddance of interceding in the divine ordained punishments and that this was the cause of the destruction of the Children of Israel. The scholars unanimously agreed that – due to these narrations – interceding in the divine ordained punishments – after the affair has reached the leader – is prohibited. As for before it reaches the leader, most scholars have permitted intercession if the one being interceded for is not an evil person and harmful to the people. As for the sins (or acts of disobedience) for which there are no prescribed punishments, then intercession regarding them is permissible whether the affair has reached the leader or not. Intercession in these affairs is desirable if the one being interceded for is not a harmful person and so on. [3]
The Reality Does Not Change Due to Deception During Disputes, One Must Give Truthful Testimony and Stand Firmly For Justice Regardless of The Status of Parties Involved In a Dispute
The Messenger, peace and blessings of Allah be upon him: “Indeed, I am only a human being and you people (i.e. disputants) come to me with your disputes. And it may be that one of you can present his case more eloquently than the other and I consider him truthful, and judge in his favour. So if I ever judge and give the right of a brother to his brother, then it is a piece of hellfire and let him not take it”.
Some Benefits Derived From This Hadith
The Ummah (i.e. the Shariah Judges) judge based on what is apparent; however, the judgement of a judge cannot prohibit the lawful and allow the unlawful (i.e. when proven erroneous).
This Hadith contains a refutation against those who say that the Messengers possess knowledge of the unseen.
This hadith also shows that speech can be seen to be true based on what is apparent, but it is truly falsehood concerning what is hidden within it.
This hadith shows that the one who receives a judgement in his favour is more aware than every other person of whether he is entitled to it or a falsifier. So, he takes if entitled or leaves it if he is a falsifier because, in reality, a judgement cannot change an affair from what it was in origin (i.e. the original truth in the affair before its distortion or concealment].
This hadith shows the sinfulness of the one who argues based on falsehood until he receives what he wants publicly, whilst he is upon falsehood.
This hadith is proof to show that a scholar can make a mistake and it is a refutation against those who say that every Mujtahid is correct. This hadeeth shows that the Mujtahid is forgiven (when he makes a mistake). [4]
Allah, The Most High, said:
يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُواْ كُونُواْ قَوَّٲمِينَ بِٱلۡقِسۡطِ شُہَدَآءَ لِلَّهِ وَلَوۡ عَلَىٰٓ أَنفُسِكُمۡ أَوِ ٱلۡوَٲلِدَيۡنِ وَٱلۡأَقۡرَبِينَۚ إِن يَكُنۡ غَنِيًّا أَوۡ فَقِيرً۬ا فَٱللَّهُ أَوۡلَىٰ بِہِمَاۖ فَلَا تَتَّبِعُواْ ٱلۡهَوَىٰٓ أَن تَعۡدِلُواْۚ وَإِن تَلۡوُ ۥۤاْ أَوۡ تُعۡرِضُواْ فَإِنَّ ٱللَّهَ كَانَ بِمَا تَعۡمَلُونَ خَبِيرً۬ا
O you who believe! Stand out firmly for justice, as witnesses to Allah; even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a Better Protector to both (than you). So follow not the lusts (of your hearts), lest you may avoid justice, and if you distort your witness or refuse to give it, verily, Allah is Ever Well-Acquainted with what you do. [An-Nisaa. 135]
Imam Ibn Al-Qayyim, may Allah have mercy upon him, said:
Allah, Glorified be He and free is He from all imperfections, commanded His servants to stand out firmly for justice on behalf of everyone – be it an enemy or an ally, and the matter that is most worthy of being established with justice are the statements and methodology related to the commands of Allah as well as everything that Allah has (revealed in the Qur’an and the authentic Sunnah). Therefore, to establish these affairs based on desires and disobedience is contrary to Allah’s command and a negation (i.e. either intentionally or unintentionally) of that which Allah’s Messenger, peace and blessings of Allah be upon him, was sent with.
The establishment of justice is the responsibility of those entrusted with the task of conveying Islam after the death of the Messenger, and this task cannot become a reality unless one establishes it based on pure justice and sincerity to Allah- (sincerity) based on Allah’s Book, to Allah’s Messenger (by adhering to his guidance), and sincere dealings and advice when dealing with Allah’s servants. These people are the true inheritors (i.e. inheritors of the knowledge left behind by the Prophets), but not that one who merely makes his companions, sect, and path the determinant of truth and the distinction between (truth and falsehood) by showing enmity to the one who opposes him and allies with the one who agrees with him, merely based on being opposed or agreed with [i.e. without sound proofs based on the Book and the authentic Sunnah], because where is that command to stand out firmly for justice on behalf of everyone, even though standing out firmly for justice is the greatest command and obligation!
Then Allah [The Exalted] says: [شُہَدَآءَ لِلَّهِ – As witnesses to Allah]:
A witness presents information about something; so if he presents credible information, he is a just witness and his (statement) is accepted; but if he gives false information, he is a false witness. Allah, The Most High, commands us to stand out firmly as just witnesses for His sake, therefore it has to be carried out for the Sake of Allah and not for other than Allah. In [Surah Al-Ma’idah Ayah 8, Allah said]: [كُونُواْ قَوَّٲمِينَ لِلَّهِ شُہَدَآءَ بِٱلۡقِسۡطِۖ – Stand out firmly for Allah and be just witnesses].
This Ayah establishes four affairs: stand out firmly for justice and do so for the sake of Allah; witness to justice and do so for the Sake of Allah.
Then Allah said:
وَلَوۡ عَلَىٰٓ أَنفُسِكُمۡ أَوِ ٱلۡوَٲلِدَيۡنِ وَٱلۡأَقۡرَبِينَۚ
Even though it be against yourselves, or your parents, or your kin.
Allah, Glorified be He and free is He from all imperfections, commands us to stand out firmly for justice and testify, even if it were someone who is the most beloved person to us. A person should stand out firmly for justice (for or against) himself, his two parents, his close relatives, and his best friend among the people. If a person’s love for himself, his parents, and his relatives prevents him from standing out firmly for the truth against them, especially if the truth is with someone he hates and regards as an enemy due to them, then none would stand out firmly for justice in such circumstances except one whose love for Allah and His Messenger is more than their love for everyone else. Also, a person has to establish justice when dealing with his enemies and that one who deprives him of his rights because it is not permissible that hatred for his enemies leads him to be unjust towards them, just as it is not permissible that love of himself, his parents and relatives makes him abandon standing firmly for justice against them. Therefore, hatred harboured against someone should not lead him to falsehood, and love (of himself, parents, and relatives) should not make him fall short in establishing truth, just as one of the pious predecessors said, “The just person is that one who when angry, his anger does not lead him to falsehood, and when he is pleased it does not remove him from the truth”. The two Ayaat of the Qur’an [i.e. Surah An-Nisaa 135 and Surah Al-Maa’idah 8] convey two rulings and they are: standing out firmly for justice and making a truthful testimony on behalf of one’s allies and enemies.
Then Allah said:
إِن يَكُنۡ غَنِيًّا أَوۡ فَقِيرً۬ا فَٱللَّهُ أَوۡلَىٰ بِہِمَاۖ
Be he rich or poor, Allah is a Better Protector to both (than you).
Meaning, Allah is the Lord of both of them and their Protector, and they are both His servants. It may be that you become fearful of standing firmly for justice by testifying against a rich person or a poor person – either fearing that the rich person might lose his wealth or because the poor person has nothing, so your heart becomes lackadaisical about standing out firmly for the truth. Therefore, it should be said to them, “Allah is a better Protector of both the rich and poor person. Allah knows the affair of the rich person more than you and He is more Merciful to the poor than you, therefore, do not refrain from standing out firmly for the truth and from giving testimony (for or against) the rich or the poor.
Then Allah said:
فَلَا تَتَّبِعُواْ ٱلۡهَوَىٰٓ أَن تَعۡدِلُواْۚ
So follow not the lusts (of your hearts), lest you may avoid justice.
Meaning, Allah forbids (His slaves) from following desires, which will lead them to abandon justice.
Then Allah said:
وَإِن تَلۡوُ ۥۤاْ أَوۡ تُعۡرِضُواْ فَإِنَّ ٱللَّهَ كَانَ بِمَا تَعۡمَلُونَ خَبِيرً۬ا
And if you distort your witness or refuse to give it, verily, Allah is Ever Well-Acquainted with what you do.
Meaning, Allah, Glorified be He and free is He from all imperfections, mentions two reasons that will inevitably lead to concealment of truth then He warned against them and issued a threat: the first of them is distortion and the second is to turn away from giving truthful witness. That is because when a proof that supports the truth is manifested and the one who wants to repel it finds no way of doing so, he refrains from mentioning it and thus becomes a silent devil, and sometimes he distorts it. Distortion is of two types -distorting words and meanings. Distorting words occur when one utters a word in a context in which it does not establish the truth – either adding to the word, omitting something from it, or substituting it with something else to the extent that the listener is made to believe something, whilst something else is intended, just as the Yahud [i.e. those Yahud who disbelieved in the Prophet and hated him in Madinah] used to distort words when giving Salam to the Prophet [i.e. saying As-Saamu Alayka (death be upon you), instead of saying Assalaamu alaykum)]. This is one type of distortion. The second type of distortion is related to meanings – distorting the wording, giving it an interpretation that is not intended by the one who uttered it and pretending not to know its unintended meaning; or dropping other meanings intended by it.
When it is the case that a witness is required to bear witness based on what the matter should be [i.e. the complete truth], therefore neither should he hide nor change it. Turning away from the testimony is tantamount to concealment and distortion is tantamount to alteration and substitution. Therefore, contemplate this Ayah and the treasures of knowledge it contains. The faith of a person cannot be complete, except through accepting the texts of the Shariah and calling the people to them – neither turning away from them at times nor distorting them at other times. [5]
Imam Al-Khatib Al-Baghdadi, may Allah have mercy upon him, said:
There is no one among the people of hadith who showed favoritism (or behaved in a biased manner) in hadith — neither toward his father, his brother, nor his son. Ali ibn Abdillah Al-Madini, may Allah have mercy upon him, was an Imam of hadith in his era, however, not a letter is reported from him with regards to strengthening (the reliability of) his father; rather, the opposite of that is what has been narrated from him. [5.1]
Imam Ibn Hibban, may Allah have mercy upon him, said: “Ali Ibn Al-Madini, may Allah have mercy upon him, was asked about his father, so he said: ‘Ask someone else’. They said: ‘We ask you (in particular)’. He lowered his head (in silence for a while), then he raised his head and said: “This is the religion, my father is weak (in hadith)”. [5.2]
Be Warned Against Oppression
Tawus al-Yamani, may Allah have mercy upon him, entered the presence of Hisham ibn Abd al-Malik, addressing him with a grave warning: “Beware of the Day of the Call”. Hisham, said: “What is the Day of the Call?” Tawus replied, the statement of Allah:
فَأَذَّنَ مُؤَذِّنٌ بَيْنَهُمْ أَنْ لَعْنةُ اللَّهِ عَلَى الظَّالِمِينَ
And a caller will call out among them, ‘The curse of Allah is upon the wrongdoers” [Al-A’raf: 44]
At this, Hisham collapsed due to shock! Tawus then said: “This is the humiliation of mere description; how will it be when faced with reality?” [6]
Mubarak Abu Hamad, may Allah have mercy upon him, said: “I heard Sufyan Al-Thawri, may Allah have mercy upon him, saying to Ali ibn Al-Hasan Al-Sulami, may Allah have mercy upon him: ‘My brother, do not harbour any feeling of covetousness towards the people of vain desires due to their indulgences, nor the blessings they enjoy; for ahead of them lies a day when feet will slip, bodies will tremble, skin complexions will change, standing will be prolonged, reckoning will intensify, and hearts will flutter until they reach the throats. Oh, what regret they will feel for the pleasures they pursued! And beware of oppression, an ally to the oppressor, accompanying him, sharing a meal with him, smiling in his face, or receiving anything from him; for you would then be his supporter, and support is partnership. Do not oppose the people of piety, nor befriend the sinful, nor associate with the disobedient, and steer clear of all that is forbidden, and be wary of those who engage in it'”. [7]
Sa’id ibn Abd al-Aziz, may Allah have mercy upon him, said: “Whoever does good should expect a reward, and whoever does wrong should not be surprised by the consequences. Whoever seeks honour through unjust means will receive humiliation in truth, and whoever accumulates wealth through oppression will be left in poverty without injustice. [8]
Muawiya ibn Abee Sufyan, may Allah be pleased with him and his father, said: “I feel ashamed of oppressing someone who has no supporter against me except Allah.” [9]
Umar ibn Abdul Aziz, may Allah have mercy upon him, once wrote to some of his governors: “If your power over the people tempts you to oppress them, remember the might of Allah over you, the fleeting nature of what you bring to them, and the permanence of what they bring to you”. [10]
We ask Allah:
اللَّهُمَّ أَصْلِحْ لِي دِينِي الَّذِي هُوَ عِصْمَةُ أَمْرِي
وَأَصْلِحْ لِي دُنْيَايَ الَّتِي فِيهَا مَعَاشِي
وَأَصْلِحْ لِي آخِرَتِي الَّتِي فِيهَا مَعَادِي
وَاجْعَلِ الْحَيَاةَ زِيَادَةً لِي فِي كُلِّ خَيْرٍ
وَاجْعَلِ الْمَوْتَ رَاحَةً لِي مِنْ كُلِّ شَرٍّ
O Allah! Rectify my religion for me, which is the safeguard of my affairs; rectify my worldly [affairs], wherein is my livelihood; and rectify my Afterlife to which is my return; and make life for me [as a means of] increase in every good and make death for me as a rest from every evil. [11]
[1] Saheeh Muslim. 1688a
[2] An Excerpt from Sharh Riyaadus Saaliheen 6/525-530 By Imam Muhammad Ibn Saalih Al-Uthaymeen (may Allah have mercy upon him)
[3] An Excerpt from ‘Sharh Saheeh Muslim’. 11/155
[4] Sahih Al-Bukhaari. Kitaab Al-Ahkaam (Book of Judgements): Chapter 29. Hadeeth Number 7181 with Fathul Baari
[5] An Excerpt from ‘Badaa’i At-Tafseer Al-Jaami Limaa Fassarahu Al-Imaam Ibn Al-Qayyim. 1/300-303
[5.1] Sharaf Ashab al-Hadith p. 41
[5.2] Al-Majruhin 2/15
[6] Az-Zawājir ʿan Iqtirāf al-Kabāʾir 2/124
[7] Ḥilyat al-Awliyāʾ 7/24
[8] Siyar Aʿlām al-Nubalāʾ 8/36
[9] al-ʿIqd al-Farīd 1/30
[10] Siyar Aʿlām al-Nubalāʾ 5/131
[11] https://salafidawahmanchester.com/2020/12/29/o-allaah-rectify-my-religion-for-me-which-the-safeguard-of-my-affairs-a-tremendous-supplication/