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'Adalah (Justice): Difference between revisions
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===Muslims are worth more than non-Muslims=== | ===Muslims are worth more than non-Muslims=== | ||
In many legal matters, Muslim parties involved in a dispute are given immediate and incontestable priority and preference over non-Muslim parties. One example of where such preferential treatment is given to all Muslims, no matter the facts of the case, is in the case of killing. The vast majority of Muslim scholars hold the view explicitly formulated in {{Bukhari|1|3|111}}, among other hadith, that while a non-Muslim will be executed for killing a Muslim, a Muslim should never be killed for killing a non-Muslim. A minority of scholars, by contrast, hold that a Muslim may be executed if he kills a non-Muslim, but only if that non-Muslim is a sub-citizen [[Dhimmi]] who is under the "protection" of the Islamic state.<ref>[http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=92261 Killing a Muslim in punishment for killing a non-Muslim] - Islamweb, Fatwa No.92261, August 1, 2006</ref><ref>[http://infad.usim.edu.my/modules.php?op=modload&name=News&file=article&sid=10801 Fatawa: Killing a Muslim for a Non-Muslim] - Islamic Science University of Malaysia, November 6, 2003</ref> | In many legal matters, Muslim parties involved in a dispute are given immediate and incontestable priority and preference over non-Muslim parties. One example of where such preferential treatment is given to all Muslims, no matter the facts of the case, is in the case of killing. The vast majority of Muslim scholars hold the view explicitly formulated in {{Bukhari|1|3|111}}, among other hadith, that while a non-Muslim will be executed for killing a Muslim, a Muslim should never be killed for killing a non-Muslim. A minority of scholars, by contrast, hold that a Muslim may be executed if he kills a non-Muslim, but only if that non-Muslim is a sub-citizen [[Dhimmi|''dhimmi'']] who is under the "protection" of the Islamic state.<ref>[http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=92261 Killing a Muslim in punishment for killing a non-Muslim] - Islamweb, Fatwa No.92261, August 1, 2006</ref><ref>[http://infad.usim.edu.my/modules.php?op=modload&name=News&file=article&sid=10801 Fatawa: Killing a Muslim for a Non-Muslim] - Islamic Science University of Malaysia, November 6, 2003</ref> | ||
{{Quote|1={{Bukhari|1|3|111}}, See also: {{Bukhari|4|52|283}} and {{Bukhari|9|83|50}}|2=Narrated Ash-Sha'bi: | {{Quote|1={{Bukhari|1|3|111}}, See also: {{Bukhari|4|52|283}} and {{Bukhari|9|83|50}}|2=Narrated Ash-Sha'bi: | ||
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iii. Other religions : such as Hindu, Buddhist, Jain, etc. - SR 6666.66 | iii. Other religions : such as Hindu, Buddhist, Jain, etc. - SR 6666.66 | ||
In the case of death of a female, death compensation allowed is equal to half the amount as admissible to males professing the same religion. Further the amount of compensation admissible, is based on the percentage of responsibility fixed on the causer e.g. if the causer is held 50% responsible for the accident resulting in the death of a Muslim, the amount of Death Compensation admissible will be SR 50,000 only. }} | In the case of death of a female, death compensation allowed is equal to half the amount as admissible to males professing the same religion. Further the amount of compensation admissible, is based on the percentage of responsibility fixed on the causer e.g. if the causer is held 50% responsible for the accident resulting in the death of a Muslim, the amount of Death Compensation admissible will be SR 50,000 only. }}The above example of Muslims being favored over non-Muslims is just one instance of religious preference in the Sharia. Other examples of legal issues where Muslims are unequivocally favored over non-Muslims include slavery, marriage, inheritance, transport, attire, houses of worship, taxation, residential zoning, and freedom of expression, among others. | ||
===Men are worth more than women=== | ===Men are worth more than women=== | ||
In perhaps equally numerous instances in the Shariah, male parties involved in a dispute are given immediate and incontestable priority and preference over female parties. Two famous examples found in the Quran include men's double right to both inheritance and testimony in court when compared to women. | |||
{{Quote|{{Quran|2|282}}|"O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down; and let a scribe write it down between you with fairness; and the scribe should not refuse to write as Allah has taught him, so he should write; and let him who owes the debt dictate, and he should be careful of (his duty to) Allah, his Lord, and not diminish anything from it; but if he who owes the debt is unsound in understanding, or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness; and call in to witness from among your men two witnesses; ''but if there are not two men, then one man and two women'' from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other; and the witnesses should not refuse when they are summoned; and be not averse to writing it (whether it is) small or large, with the time of its falling due; this is more equitable in the sight of Allah and assures greater accuracy in testimony, and the nearest (way) that you may not entertain doubts (afterwards), except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things."}} | {{Quote|{{Quran|2|282}}|"O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down; and let a scribe write it down between you with fairness; and the scribe should not refuse to write as Allah has taught him, so he should write; and let him who owes the debt dictate, and he should be careful of (his duty to) Allah, his Lord, and not diminish anything from it; but if he who owes the debt is unsound in understanding, or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness; and call in to witness from among your men two witnesses; ''but if there are not two men, then one man and two women'' from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other; and the witnesses should not refuse when they are summoned; and be not averse to writing it (whether it is) small or large, with the time of its falling due; this is more equitable in the sight of Allah and assures greater accuracy in testimony, and the nearest (way) that you may not entertain doubts (afterwards), except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things."}}{{Quote|{{Quran|4|11}}|"Allah enjoins you concerning your children: The male shall have the equal of the portion of two females; then if they are more than two females, they shall have two-thirds of what the deceased has left, and if there is one, she shall have the half; and as for his parents, each of them shall have the sixth of what he has left if he has a child, but if he has no child and (only) his two parents inherit him, then his mother shall have the third; but if he has brothers, then his mother shall have the sixth after (the payment of) a bequest he may have bequeathed or a debt; your parents and your children, you know not which of them is the nearer to you in usefulness; this is an ordinance from Allah: Surely Allah is Knowing, Wise."}}Other examples of men being favored in the Shariah over women abound. These include matters of murder, slavery, marriage, attire, mobility, domestic autonomy, and public leadership, among others. | ||
It is also worth noting that in some few cases, women are given preferential treatment. Examples of this preferential treatment include, for instance, apostasy, where according to a minority of Islamic legal authorities, a female apostate's life may be spared (by contrast, a male apostate must always be killed). | |||
==Justice and Allah in Islamic theology== | ==Justice and Allah in Islamic theology== | ||