Justice from the Viewpoint of Imam 'Ali (A.S.)

By: Abu al-Qasim Ya'qubi (Kargozar)
Translated by: Shahyar Sa'adat

Introduction
Values that weave together the fabric of our societies and play a significant role in our social existence are numerous and their closely-knit structure is apparent. However, delineating a system of social values and pinpointing the most significant value that should serve as the measure against which all other values are judged is a task both most difficult and most critical in the realm of culture, politics and society. For the wise have long been perplexed by the question as to what is the crowning jewel of all values. What is that single value the lack of which leads to social disharmony and chaos and the presence of which leads to social peace, harmony and advancement.
Justice
In the Nicomachean Ethics Aristotle says:
"Life has one difficult and thousands of easy paths. The difficult path is that of justice and the thousands of easy paths all deviate from the path of justice to one degree or another." 1
Man usually chooses the easy paths, but if the difficult path did not exist the easy ones would not open to him either or would rapidly lead him to ruin.
Isaiah Berlin says that freedom is dear and equality, fairness, justice, culture, happiness and peace of mind are also other significant things. He feels if that his personal freedom or that of the class or nation to which he belongs leads to the misery and wretchedness of another group of human beings then the system that causes this condition is an order that contradicts justice and morality.2
It may well be that an individual's tendencies and desires do not harmonize with the interests and welfare of society and may lead to social chaos and disharmony. If an organizing and overriding principle does not exist to harmonize the differing values in a society, reduce disharmony and bring about concord, freedom, equality and security would be unattainable. The only solution, therefore, is the establishment of a just system so that all may enjoy both freedom and human rights.
Much has been written by both Muslim and non-Muslim thinkers concerning the supreme importance of justice as a value and its superiority to freedom. Just as the contemporary liberals maintain that we should not concern ourselves with justice but with freedom, for it is the base of all virtues, some Muslim thinkers declare:
How could freedom exist without justice? Man seeks freedom, and considers this to be a search for freedom, since he considers it necessitated by justice, for abandoning all laws and restraints and living at the mercy of whims and fancies is not freedom, and no social or political order can function without law and order.3
Concerning the meaning of justice, the great Shi'ite commentator Fayz Kashani (d. 1091 AH) states:
"Justice means that everyone should be benefited in proportionto his ability and aptitude. When this is the case then society will be well ordered.'4
Without justice it is neither possible to attain personal perfection or to organize efficient social organization. It is through the existence of justice that the material and intellectual rights of men are ensured. All obligations and rights become meaningful. It is for this reason that in Islam both rights and limitations are recognized. Muslims believe that all legitimate rights are limited by the boundaries of "illegitimate rights." In all intellectual, ethical and social fields' freedom is balanced and shaped by justice. The late Mutahhari says:
"For man, justice is the holiest of virtues. At least among the social ideals, such as freedom, democracy and equality it is the most holy since it gives birth to all of them."5
The road to freedom and equality passes through the realm of justice, and modem man shall realize, sooner or later, that the only path to salvation is the establishment of true universal justice in the social, political and economic fields. Isaiah Berlin writes that in his opinion the belief that a particular prescription can be found to enable man to attain all his aims and objectives in a harmonious and comprehensive manner is completely mistaken...Perhaps someday a remedy may be found for this unsatisfactory situation.6 In response to this hope it may be said that the justice emphasized by Islam and proclaimed in its texts as the fundamental social value is the remedy for this ailment.
The Qur'an Presents Justice as the Greatest Virtue
The Qur'an upholds many social values as the most worthy.In some places learning and the learned are extolled:
Allah exalts those of you who believe and those who are given knowledge to high ranks. (al-Mujadalah: 11)
In other places it extols those who fight for the sake of Islam:
And Allah has preferred those who struggle with their wealth and their lives by a degree over those who sit back. (al-Nisa ': 95)
In the Surah al-Hujurat, after stating that there are many kinds of human beings, tribes and social groups, the Qur'an declares that piety is the virtue held highest by God:
Indeed God holds in the greatest esteem those amongst you who are the most pious. (al-Hujurat: 13)
It is clear, then, that from the viewpoint of the Qur'an, learning, striving in the way of God, and piety are superior and praiseworthy personal and social virtues. But despite this the Qur'an speaks of an even higher virtue that makes the ones mentioned above possible:
Act justly, for that is closer to piety. (al-Ma 'idah: 8)
If justice prevails in a society, the effort to improve the life of all citizens is universally considered a public and social duty, it is believed to be a religious duty to fight the rich and the powerful for the sake of the poor and the oppressed and to give the right to those who are truly entitled to it, undoubtedly learning and wisdom shall flourish on the bedrock of faith, the readiness to fight for God will be strengthened and piety and abstinence shall be easier to attain. In a word, in an environment in which justice rules supreme other virtues will have a better chance to develop. It is for this reason that the Qur'an refers to justice as the 'scale':
And He raised the sky and set the scale, so that you may not transgress in scales, and maintains the measure with justice and do not cut short in the scale. (al-Rahman'. 7-10)
Measure is what is used to determine the reality and extent of both material and spiritual things. When dealing with material phenomena, meter and scale are used as measures, while in the spiritual realm divine revelation, reason and man's true nature serve as the measuring gauge. Every phenomenon is judged by a criterion appropriate to itself. Thus, we see that on the Day of Judgement the Truth is the criterion (al-A'raf 8). In judging ideas and arguments logic is the arbitrator, while in social, economic and legal maters justice is the criterion.
In the verses mentioned above, the word 'measure' is used three times. In the first verse, reference is made to the measure and criterion that rules the whole universe. In a narration, this criterion is set forth in the following manner:
"By justice the skies and earth are raised."7
In the second verse, reference is made to fairness and justice and the fact that one should not violate the rights of others. The third verse discusses fairness in the conduct of commercial dealings. In the following verse God speaks of the measure He has sent down to this world:
Verily We have sent Our messengers with clear reasons and with them bestowed the Book and the Scale, so that people should become just. (al-Hadid: 25)
The scale referred to in the above verse is definitely not the physical one. What it refers to is a criterion by which the good and the bad, the worthy and the unworthy may be distinguished. This criterion is nothing other than divine decrees, laws and teachings. There is no doubt that the just laws sent down to us by God constitute a measure by which the true can be separated from the false and through the light of which we can walk upon the straight and narrow path of righteousness.
There are other verses in the Qur'an in which the word mizan
(Measure or scale) is not used, but in which we are called upon to be just, fair and good. One such verse is the following:
God commands us to be just and good. (al-Nahl: 90)
Commenting on the above verse, 'Allamah Tabataba'i says:
The true meaning of justice is to have balance in all things, so that all may receive their rightful due. Thus, in the realm of beliefs justice means faith in the Truth. In one's actions, it means acting so as to attain felicity and to escape wretchedness. Justice in social affairs is that every person should occupy the position that reason, law and custom dictate, the good are rewarded and the bad are punished, those who have been wronged are avenged and all are equal before the law, etc. In any case, though justice can be divided into the individual and the social, the form and tone of the verse and circumstantial evidence concerning it indicates that it refers to social justice.8
In short, the Qur'an planted the seed of the idea of justice in the hearts of men and watered it well. To the same degree that it considers justice in man's personal life to be the soul, measure and cornerstone of all values, it also praises justice in the realms of nature, law, ethics and society, thus making it the spiritual criterion by which all human affairs are judged.
Shaheed Mutahhari says:
Most of the Qur'anic verses dealing with justice concern social justice, whether in the family, in politics or in the judiciary. In the Qur'an, everything from monotheism to belief in Resurrection, from prophecy to the concept of the rule of the Imam, from personal ideals to social objectives, all are based on the concept of justice. In the Qur'an, justice enjoys the same importance as belief 1in the oneness of God, is the foundation of Resurrection, the aim of the prophetic mission, the philosophy of the rule of the Imam, the measure of the perfection of the individual and social health."9
Thus we come to the conclusion of our brief discussion of the position of justice in the Qur'an and its being the measure against which individual and social affairs are judged.
For Imam 'Ali (A.S.) Justice Is the Criterion
In Imam 'Ali's (A.S.) ethical, political and social school of thought, justice was the soul of all other principles and gave them direction. It brought harmony to disharmonious elements. It was as if justice was so intertwined with his nature that he was unwilling to sacrifice it even when his welfare depended on his doing so.
From Imam 'Ali's (A.S.) perspective divine decrees and commandments were like a body whose soul was justice: "Justice is the spirit of laws" 10 Or it was a structure the cornerstone of which was justice: "Justice is the firm foundation"11. He believed that in order to enjoy harmony and proper integration, individual and social affairs require an integrating principle which is non other than justice: "Justice is the system of government"12.According to this exalted school of thought nothing may serve as a foundation for social order unless it is just: "Justice is the criterion)).13 Indeed, 'Ali (A.S.), who is himself "the measure of all deeds" 14 and the behaviour of all must be judged in the light of his actions, states:
"Justice and fairness is a measure established by God for human beings so that truth shall pervade in the society. Therefore, obey God and act according to this divinely ordained measure. Do not violate it."15
In Imam 'Ali's philosophy justice is the criterion by which policies, actions and the personalities and characters of men are judged. This viewpoint is well illustrated in the Nahj al-Balaghah.In this immortal book we read that a man of wisdom and intelligence once asked Imam 'Ali (A.S.) as to which is more worthy, justice or forgiveness. 'Ali (A.S.) answers:
"Justice puts things in their proper place while forgiveness brings them out. Justice benefits all while forgiveness benefits a particular group. Thus, justice is more worthy and more superior."16
These remarks by our Master contain a profound insight that deserves careful scrutiny. By its teachings, Islam not only transformed man's notions in such fields as culture, politics and society, but it also brought deep changes in the way men view and contemplate human and social affairs. By applying a scale of importance to values and designating those that are more significant, our whole system of thought and evaluation changes in a fundamental way. We emerge from a self-centered and superficial attitude and adopt a perspective that is deep and oriented toward the welfare of society as a whole.
In the comments quoted above, Imam 'Ali (A.S.) is pointing out that one should always evaluate social and contemporary issues from a comprehensive and general perspective, and not from a limited and personal one. To remedy the pains and sufferings of particular individuals, such virtues as charity and generosity may be helpful. However, from a social point of view, they cannot be compared to justice, for the latter investigates problems in a deep and exact manner and pinpoints needs and requirements. Then, on the basis of this analysis, it either removes these problems entirely, or, at least, alleviates them. In this manner, justice serves to bring about social and economic equality and remove class differences. In other words, such virtues as charity and generosity may help some segments of society but other segments may escape the attention of the generous and the charitable. Thus, society will resemble a body some organs of which are healthy and well-fed while other organs remain weak and malnourished. In a word, we shall have an unbalanced society. Justice, on the other hand, leads to social harmony and balance. It puts everything and everyone in their proper and rightful place. Everyone gets what he needs and deserves based on his abilities and efforts. Thus we shall have a harmonious society in which all segments are properly developed. If we compare society to a building, justice is its foundation while generosity and other such virtues are its decorations and embellishments. It is clear that if the foundation is weak and unstable the owner will gain little by trying to decorate it:
"Justice is a comprehensive and all-encompassing law that applies to the entire society. It is a highway on which all must travel. Charity, however, is something exceptional and cannot be counted ,,17
It thus becomes clear how Imam 'Ali (A.S.), by the sentence: "Justice benefits all while forgiveness benefits a particular group", sets forth the idea that justice is the criterion by which other social values are evaluated. It is indeed based on this viewpoint and reasoning, in addition to tangible objective reality, that he makes the following statement: "Thus, justice is more worthy and more superior"
That justice is the measure of all social values is also supported by another statement by Imam 'Ali (A.S.):
"The worthiest of all traits is generosity, and the most useful trait is justice."'18
Social justice contains all other values as well. Therefore, by attaining it one attains all other values as well. It is for this reason that from Imam 'Ali's perspective justice has inclusiveness in its very essence:
"In justice there is much room, and he who cannot bear justice shall find injustice even harder to bear."19
He who is unable to travel on the highway shall be bogged down on the byways and back roads. With this measure and criterion, then, society shall become oriented towards truth and righteousness and all other human virtues shall also blossom and flourish.
The Measure of Justice in Imam 'Ali's (A.S.) Government
Imam 'Ali (A.S.) established the philosophy of his government on the basis of his belief in the fundamental significance of justice. His method of government and administration was based on it. His insistence on uncompromising adherence to justice in all realms of government caused him great difficulties. He was faced with enemies on three fronts. He knew that assuming the responsibility of government after all the turbulence the Muslim community had experienced during the rule of his three predecessors required a comprehensive reassessment and a fundamental transformation in all its aspects.20 And it was because he was cognizant of this fact that he said the last word at the very beginning of his caliphate. He uttered the above words in response to those who called on him to follow the ways of his immediate predecessors and not to return to the practices that prevailed during earlier times.
"Primordial Truth will, under no circumstances, become false."21
With the start of 'Ali's caliphate people came to feel that the era of political horse-trading and nepotism had come to an end:
Now a man has taken over the helms of the ship of state that hates such devices and is determined to fight them. Naturally, from the very beginning members of the political elite are offended and this dissatisfaction leads to sabotage and causes difficulties..."22
It is interesting to note that Imam 'Ali (A.S.), who was the embodiment of justice and viewed all political actions and groupings from that perspective, treated his foes in the same manner and was not willing to violate the dictates of justice even in the slightest degree.
Justice in Friendship and Enmity
It is not easy to remain just when one's heart is being overwhelmed with waves of affection and love that tend to dim the light of fairness and impartiality. In the same way, one must possess great strength of character to be able to remain within the boundaries of justice when dealing with one's enemies and opponents. 'Ali (A.S.) proved in word and deed that he was the epitome of justice, that he accepted it as the very core of the universe and of divine revelation and could not be induced to leave its straight and narrow path by either enmities or friendships. He, who had been raised in the school of the Qur'an and the Prophet (S), made this holy verse the light of his path:
Do not allow the hostility of enemies to cause you to leave the path of justice. Act justly, for that is closer to piety. (al-Ma'idah:8)
On the basis of the same beliefs, he advises his son:
"You must be just to friend and foe alike."23
Discussing the characteristics of godly individuals, he points out this important social principle:
"(A godly man is he who) does not treat his enemies unjustly because of enmity, and does not fall into sin because of his affections for his friends. 24
In Imam 'Ali's (A.S.) view, a perspective born out of Qur'anic culture, all citizens of a land are children of God. They either share the same faith as the ruler or are human beings just as he is. In either case they are entitled to their human rights. To sum up, then, his political philosophy dictates that all citizens be treated in a humane and Islamic manner and that the ruler should treat friend and foe alike with justice, fairness and impartiality.
It is revealing indeed that despite the fact that Imam 'Ali's (A.S.) enemies put him into very difficult social and political circumstances and under great psychological stress, he was not frightened by these storms and hurricanes into deserting the path of justice and righteousness. The best evidence for this claim is the case of the Khawarij. As long as they had not taken concrete measures to threaten the state he treated them with leniency, though they openly cursed and insulted him. He addressed this group in the following manner:
You have three rights that I shall respect: First, I shall not stop you from praying in this mosque. Second, I shall pay your portion from the state treasury as long as you are with us and accept the legitimacy of the state in principle. Third, I shall not engage in hostilities with you unless you shall initiate them first.26
The Khawarij, however, spread false rumors and engaged in psychological warfare to discredit Imam 'Ali's (A.S.) government. The true and faithful followers of the Imam (A.S.) could no longer tolerate the Khawarij and there was real danger of open conflict breaking out at any moment. The Imam (A.S.), however, in order to cool passions and prevent chaos and social turmoil, always gave the following advice to his followers:
"Be just in both happiness and anger,"27
Such advice served to preserve the peace and harmony of the state and lead to unity and security. It is undoubtedly true that if, in our own times, this approach is put into effect by the followers of Imam 'Ali (A.S.) in their treatment of opposing views, forces and groups and if they refrain from taking hasty and emotional positions and heed the commands of their religious leader when confronting social and political crises, there will be much less tension in the country and constructive criticism will not turn into destructive vengefulness. No doubt in such an atmosphere, it will be much easier for the public to comprehend the positions of the righteous and perceive the true nature of those who proclaim false views. 28
It is in such an atmosphere that we may claim to be emulating the City of the Prophet (S) (Madinah al-Nabi) and to be moving towards the kind of edified and spiritual society aimed at by Imam 'Ali (A.S.), who, quoting the Prophet (S), exhorts the truly pious to have the following attitude:
If you encounter something good, rush to support it, and if you encounter something evil, go pass it and set it aside, for the Messenger of God (S) said: '0 man, do what is good and fly from evil, for in this manner you shall be a well-balanced traveller'.29
If a person committed to divine values applies the measure of justice to political events, actions and positions, he shall take the side of whatever is good and right no mater who or what faction or party proposes it and reject what is evil and harmful even if it is supported by his friends and the members of his own party and faction. Consequently, his relationships with both friends and opponents shall always be based on justice and fairness.
Justice in Judgements and Evaluations
One of the ways in which justice leads to rational harmony and balance in a society and makes its citizens dynamic, creative, productive and committed is to evaluate the work of the citizens on the basis of just and fair standards. In such a society everyone gets precisely the reward he deserves. The government does not reward all equally, be they servants of the people or traitors and saboteurs, hard working or lazy, beneficial or harmful. Officials of the state are judged by just standards, and those who have performed well are praised and rewarded and those individuals whose performance has been deficient are reprimanded. This was the way Imam 'Ali (A.S.) governed. He insisted that just and objective criteria be applied to all officials and functionaries. The following is part of his famous epistle to the Malik al-Ashtar:
Make sure that you do not treat the good and the bad the same way, for this would dampen the desire of the good to perform praiseworthy deeds while encouraging the bad to commit even more evil actions. Treat individuals according to their actions.30
Officials and public administrators must be praised and rewarded on the basis of their good records and not because they are our friends or relatives or the fact that they belong to our party or political faction. The same principle also applies to reprimands, demotions and removals. These too must not be carried out on the basis of whims or subjective and arbitrary judgements, but rather on sound, objective and comprehensive examination of the record and overall performance of the official concerned. In this manner, then, the whole system of reward and punishment assumes a rational form, moves society as a whole toward the rule of law and away from arbitrariness, lawlessness and government based on factional and party loyalties and personal prejudices.
In other words. Amir al-Mu'minin (A.S.) considers the issue from a psychological and sociological point of view and thus underlines the significance of the rule of justice as the foundation of all judgements and evaluations:
Be aware of the work performed by each official and do not put the effort made by one official to the account of another. Do not fail to reward him according to the work he has done. Be on your guard against overvaluing the light labour of a person on account of his high standing and undervaluing the outstanding efforts of another individual because of his low position.31
The purport of the above command is that in judging and evaluating the performance of individuals one should not allow oneself to be influenced by their high political, social and scholarly station. The rights of those who are not privileged and do not have the social status to plead their case should not be violated. It is obvious that men of high standing can easily present their record and their abilities in the best possible light and plead their cases in the most effective and articulate manner. The ruler must therefore be careful that this does not lead to injustice and that the rights of those lacking such privileged status are protected. It is obvious that in an atmosphere where the performance of individuals is judged in a just and fair fashion state officials will be highly motivated to serve and to excel. We shall therefore witness a creative and dynamic society in which talents and aptitudes find fertile ground in which to grow and flourish, and the prospect of a brighter future gives government officials the proper incentive to serve the people ever more efficiently.
In Imam 'Ali's (A.S.) life many examples showing the way he governed and the manner in which he evaluated the work of officials and appreciated their efforts may be found, examples that may serve to inspire the officials of the Islamic Republic of Iran. He respected anyone who had spent his youth in service to society, and believed that such individuals must always occupy an honored position and live in a dignified fashion. It was because of this attitude that the pathetic sight of an elderly Christian begging in the streets so disturbed him. He asked, "Why has he resorted to begging?" Someone answered, "He can no longer work on account of old age, so he has turned to begging." Hearing this Imam (A.S.) said:
"You worked him until he became old and now you have abandoned him. Assist him from the public treasury.""32

Planning on the Basis of Justice
For proper and efficient administration of a country and its continuous growth and development, comprehensive, realistic and long-term planning is absolutely necessary. If justice is taken into consideration in drawing up the overall national plan, in distribution of the means of production, the allocation of posts and responsibilities, in promulgation and enforcement of laws, in taxation, in budget allocation and in location of development projects to the various provinces, cities and counties, then a harmonious and fair society is created.
This is what Imam 'Ali (A.S.) has to say on this subject:
"In the execution of affairs you should prefer the policy that neither exceeds justice nor falls short of it. You should prefer that policy which advances justice the most and is most pleasing to your subjects.""33
In the above statement Imam 'Ali (A.S.) stresses three points:
1. Plans and policies should always be based on truth and reality and the middle path of moderation should always be chosen. For example, the development model for the Islamic society should be one in which the technical knowledge and experiences of advanced industrial nations are made use of while national and religious values are also preserved. Development should take place in the context of our religious culture and in harmony with the beliefs advanced by the Islamic Revolution, so that it does not trigger either justified or unjustified, reaction from society. This position may be inspired by these words uttered by Imam 'Ali (A.S.), as we mentioned earlier.
2. In planning and execution, the policy makers of the Islamic State should endeavour to spread justice throughout the land. This statement made by Imam 'Ali (A.S.): "You should prefer that policy which advances justice the most" should be adopted by these officials as motto and model for their planning, lawmaking and provision of services, so that justice may manifest itself to all, whether they live in the capital or in remote areas of the country. The weather-beaten and sun burnt farmer toiling in his fields should benefit from public services as much as his big city cousin and taste the sweet nectar of justice. This is the measure and scale for
the sake of which 'Ali (A.S.) sacrificed his life.
3. In every country a segment of society enjoys a more intimate relationship with the government. However, a government committed to religious and spiritual values and following the path of Imam 'All (A.S.) must always remain focused on the needs of the masses and not serve the interest of a privileged elite. Thus, Amir al-Mu'minin's (A.S.) statement: "and is most pleasing to your subjects'" points to a very profound social principle. He is warning the decision makers of the Islamic state that their laws and policies should be so designed as to benefit the masses and solve their problems, for these are the people who constitute the true foundations of the state. These are the people who shoulder the heavy load of maintaining the state and are first come to its defense when it is threatened.
If the ruler of the Islamic state and the officials serving under him demonstrate commitment to this principle, then they can claim to be followers of 'Ali's (A.S.) philosophy of government and trying to establish justice in the world:
"What gives the rulers the greatest joy is that justice should prevail in the land."34
If the three principles mentioned above are adhered to in the Islamic state, then it can be maintained that the government is applying the measure and scale of justice and is preparing the ground for a government that shall:
"Fill the earth with justice and equity."35

Justice in Judgement
One of the clearest and most familiar examples of justice is fair and impartial judgement handed down in a court of law. If we consider social justice as the measure and scale of all other social values, justice in judgement must be considered as its pointer. For this is the indicator of the existence of social, political and economic justice. A society in which verdicts handed down by its judiciary are based on the principles of justice, fairness and impartiality, there will be much less chance of hostility, conflict and tension. If the people see that in the courts of law justice prevails, that decisions are made on the basis of laws and regulations and not cronyism, tampering and influence peddling, that all are equal before the law irrespective of whether they are rich or poor, strong or weak, famous or unknown, then much corruption, bribery and behind the scene attempts to influence judicial decisions will automatically stop.
In short, judicial justice is the foundation of social, political and economic justice. For this reason the Qur'an puts special emphases on the need for rulers and judges to adhere to it:
And when you Judge between them, do it justly. (al-Nisa': 58)
On the other hand, the Qur'an labels those who do not adhere to this principle, 'unjust' (al-Ma'idah:. 45), 'corrupt' (al-Ma'idah'.44), and 'infidel' (al-Ma'idah'. 47). From 'Ali's (A.S.) perspective, judicial justice is the measure of all other values, gives rise to them and gives the people confidence in the Islamic state and its officials.
The way for those who occupy positions of power and authority to thank God for this blessing is to provide social security and prosperity for the people, who are, in fact, the real masters and proprietors of the country. The citizens may then concentrate their efforts on developing the country, materially, intellectually and spiritually.
The most important admonition 'Ali (A.S.) always gave the officials of his government was:
"When you are put in a position of authority judge justly."36
In addition to this general exhortation, 'Ali (A.S.) addresses the details of court proceedings and tells Muhammad ibn Abi-Bakr to treat those who plead their cases before him in the following manner:
Treat them in a humble, kindly, flexible and warm fashion. Look upon all in the same manner, whether you glance at them from the comer of your eyes or you gaze upon them, so that the powerful do not imagine that you will help them oppress the weak, and the downtrodden do not lose hope in your impartiality, for the Almighty God shall hold you to account for all your deeds, both big and small, hidden and apparent. So, He shall punish you if you are oppressors and reward you if you are forgiving."37
It is clear that if a person who has a complaint against another party enters a courtroom in which he knows that the judge regards both parties impartially, is careful in the use of titles when addressing the parties involved in the case, adheres to the standard of justice and fairness, does not differentiate between men of high position and the ordinary citizen, is not prejudiced on the side of his friends and kin and does not look with greed upon the wealth or position of anyone, even if the verdict goes against him he shall accept it with confidence and without the slightest doubt or reservation. It goes without saying that this unshakable faith serves to alleviate his pain and suffering.
If judges and officials of the judicial system first sit in judgement and resolve the opposing claims of ego and reason within their own consciousness, and, by judging justly, succeed in reining in their own selfishness, they can then very easily reach decisions on legal disputes and protect the people from criminals, for, in Imam 'Ali's (A.S.) words:
"They should take the first step in the path of justice by curbing their own selfish desires."38
In statements made by Imam 'Ali (A.S.) there are numerous instances where he stresses the importance of adherence to the principles of justice, fairness and impartiality in the judicial process, and what has been mentioned in this article constitutes only a very small fraction thereof. Let us conclude with the following example from his life:
A complainant brought his case to 'Umar bin al-Khattab, who was the caliph at that time. The parties to the case had to appear before the court and plead their case. 'Umar summoned them and sat on the seat of judgement. According to the decrees of Islam the opposing parties must sit beside each other so that the principle of equality before the law is maintained. The caliph called on the complainant by name and ordered him to stand on a certain spot facing him. Then he turned to 'Ali (A.S.) and said, '0 Aba al-Hasan, stand beside the man who has a complaint against you. Upon hearing these words signs of contrition appeared on the Imam's face. The caliph said, '0 'Ali, you do not wish to stand beside the person who has complained against you?' 'Ali said, I am not upset because I have to stand beside him. On the contrary, I am upset because you did not adhere strictly to the principles of justice and impartiality, for you addressed me by a respectful title while you called the man who is complaining against me by his plain name.'
Notes:
1. Andisheh-ye Hawzah, sixth year, no. 5, p. 146.
2. Berlin, Isaiah, Four Essays on Library (Chahar Maqalah Dar Bareh-ye Azadi), tr. Muwahhid, Tehran, Khwarazmi, p. 242.
3. Ibid.
4. Fayz Kashani, Mulla Muhsin,Tafsir al-Safi, Beirut, Mu'ssasah al-A'lami, vol. 5, p. 107.
5. Yaddashtha-ye Ustad Mutahhari, Sadra, vol. 5, p. 53.
6. Chahar Maqalah, p. 300.
7. Tafsir al-Safi, p. 107.
8. Tabataba'i, Sayyid Muhammad Husayn, al-Mizan, Beirut, vol. 12, p. 331.
9. Mutahhari, Murtaza, Majmu 'ah-ye Athar, vol. I, p. 61.
10. Fihrest-i Ghurar al-Hikam, Tehran University, vol. 7, p. 236.
11. Ibid.
12. Ibid.
13. Ibid.
14. Bihar al-Anwar, Mu'assasah al-Wafa', vol. 97, p. 287.
15. Reyshahri, Muhammd, Mizan al-Hikmah, Daftar-e Tablighat-e Islami, vol. 6, p. 78.
16. Nahj al-Balaghah, edited by Subhi Salih, translated by Sayyid Ja'far Shahidi, hikmat 437.
17. Mutahhari, Murtaza, Sayri dar Nahj al-Balaghah, Dar al- Tabligh,p. 112.
18. Ghurar al-Hikam, vol. 7, p. 156.
19. Nahj al-Balaghah, sermon 15.
20. Ibid., sermon 16.
21. lbn Abi al-Hadid, Sharh Nahj al-Balaghah, vol. I, p. 269.
22. Mutahhari, Sayri dar Nahj al-Balaghah, p. 116.
23. Ghurar al-Hikam, vol. 7, p. 238.
24. Nahj al-Balaghah, tr. Shahidi, sermon 193, p. 227.
25. Ibid., letter 53.
26. Tabari, Muhammad bin Jarir, al-Umam Wa al- Muluk.Qum, Offset Urumiyyeh 'i, vol. 4, p. 54.
27. Mizan al-Hikmah, vol. 6, p. 88.
28. Nahj al-Balaghah, ed. Fayz al-Islam, sermon 50.
29. Ibid., sermon 176.
30. Ibid., letter 53.
31 .Ibid.
32. Shaykh Hurr al- 'Amili, Wasa'il al-Sh'iah, Beirut, vol. 11, p. 49.
33. Nahj al-Balaghah, letter 53.
34. Ibid.
35. Bihar al Anwar, vol. 22, p. 503.
36. Harrani, Hasan ibn Shu'bah, Tuhafal- 'Uqul, Beirut, p. 102.
37. Nahj al-Bal aghah, letter 27.
38. Ibid., sermon 87.
39. Mutahhari, Murtaza, Majmu'ah-ye Athar, vol. 18, p. 246.