A Maqasidi Reading of the Mechanisms for Achieving Justice in Surah An-Nisa

Dr. Ruqayya Taha Jaber Al-Alwani
Associate Professor, College of Arts, University of Bahrain

A Maqasidi Reading of the Mechanisms for Achieving Justice in Surah An-Nisa

In the name of Allah, the Most Gracious, the Most Merciful

Introduction

The issue of justice is one of the most controversial ethical and philosophical concepts and problems. it has often been addressed within the context of other philosophical concepts such as rights and duties. The importance of justice (1) in societies lies in the fact that social relations between individuals and groups cannot be upright without justice as a moral value. It is a human demand linked to human value and being, which connects it to discussions on freedom, equality, dignity, rights, and duties.

The study of justice and the mechanisms for achieving it has been approached in various, multiple, and sometimes conflicting forms. This variation is due to the connection between the problem of justice and the prevailing culture, the value model, and the ethical and political priorities it defines.

(1) "Adl" (Justice/Fairness) and "Adalah" (Justice) are used synonymously in this study for the sake of simplicity, although some researchers distinguish between the two terms. See, for example: Ayat Adel Zakaria Muhammad Hassan, The Concept of Justice between Plato and Rawls, Master's Thesis, Damanhour University - Faculty of Arts, Department of Philosophy, 2012, pp. 9-12 and 55-56.

However, anyone looking into the Holy Book of Allah will notice an approach to justice that differs from all others. There are great Quranic Surahs that have paid particular attention to the value of justice, explaining the mechanisms of its creation and its value-based progression within the individual, the family, and society. Perhaps Surah An-Nisa is one of the most indicative Surahs of the Quran in this regard.

What strikes the person contemplating the Great Quran is that the Sharia rulings regarding the applications of justice came to unite people upon the "Essential Objectives" (Al-Maqasid al-Daruriyyah), namely the preservation of: Religion, Life, Lineage/Honor, Intellect, and Property. Consequently, the system of preserving human dignity—which protects and safeguards the human value of people regardless of their status, beliefs, or colors—falls under these objectives. The Surah rendered humanity as a single family.

From here, this paper comes to address the value of justice through the contemplation (tadabbur) of Surah An-Nisa, attempting to answer the most important questions regarding the value of justice: Is justice in Surah An-Nisa an abstract theoretical moral value, or is it a practical applied value that achieves the objectives of Sharia? What are the mechanisms through which the practical aspects of implementing the value of justice in society appeared? And is justice in Surah An-Nisa an individual or a collective responsibility?

The study adopts the methodology of analysis, contemplation, and deduction to reach answers to these questions, without attempting to approach Surah An-Nisa with preconceived hypotheses that might cloud the mind of the reader contemplating the objectives of this great Surah and its thematic links (munasabat) in highlighting the value of justice and its realization.

First Section: Forms of Thematic Links in Surah An-Nisa and Contexts of Justice

First: The Opening of Surah An-Nisa and Contexts of Justice

Surah An-Nisa (1) was revealed after Surah Al-Mumtahanah (2), but in the order of the Mus-haf, it is the fourth Surah, following Surah Al-Imran. Among the most prominent matters to be considered when addressing any concept in the Great Quran is the issue of "proportionality" (tanasub) between verses and Surahs—their openings, their endings, and their relationship to other Surahs.

Surah An-Nisa begins with the words of the Almighty: {O mankind, fear your Lord} [An-Nisa: 1]. The final verse in Surah Al-Imran says: {O you who have believed, persevere and endure and remain stationed and fear Allah that you may be successful} [Al-Imran: 200].

The address at the end of Surah Al-Imran is a testament to the believers: "O you who have believed," while the address at the opening of Surah An-Nisa begins with "O mankind." The verses transitioned from addressing the believers to addressing the world and all people. Thus, the message in this Surah is a universal message in particular, not restricted to the people whom Allah honored by revealing the Quran among them first; rather, it is a message to the world in all its legislations. This is because the demand for justice is essential for the uprightness of human life.

Thus, the exhortation to Taqwa (God-consciousness/piety) was the first thing mentioned in Surah An-Nisa, which contained many rulings and teachings regarding delivering rights, fulfilling trusts, and justice among people.

(1) Surah An-Nisa is a Medinan Surah and is called "The Major Surah of Women" to distinguish it from "The Minor Surah of Women," which is Surah At-Talaq. Surah An-Nisa is concerned with explaining the rulings of women, orphans, property, inheritance, and fighting. It spoke about the People of the Book, the hypocrites, the virtue of migration, and the burden of those who stay behind. It urged solidarity, mutual support, and mercy, and clarified the rulings on prohibited women for marriage. It also urged repentance as a means of purification and evidence of personality integration and the restoration of self-confidence and security. The number of its verses is 176, and its words are 3,745. See: Al-Tahrir wa al-Tanwir by Al-Tahir ibn Ashur (4/211); The Quranic Encyclopedia: Characteristics of the Surahs by Ja'far Sharaf al-Din (2/107).

(2) See: Al-Tashil li-Ulum al-Tanzil by Ibn Juzay (1/176). Al-Tahir ibn Ashur says in a fine detail: "The scholars agreed that Surah An-Nisa was revealed after Al-Baqarah, so its revelation must be long after the Hijra. The majority said it was revealed after Al-Imran, and it is known that Al-Imran was revealed during the third year after the Battle of Uhud, so Surah An-Nisa must have been revealed after it." See: Al-Tahrir wa al-Tanwir (4/211-212).

The beginning with Taqwa (1) has a specific significance and objective; hence the reminder of it at the start of Surah An-Nisa: {Fear your Lord}. Among the aspects of the relationship and proportionality between the opening of the Surah and the contexts of justice is the Almighty’s saying: {O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women. And fear Allah, through whom you ask one another, and the wombs. Indeed Allah is ever, over you, an Observer} [An-Nisa: 1].

The verse came as a reminder of the equality between humans in the origin of creation and human value: "from one soul." It is a call in which the proportionality between the unity of the species and the unity of belief is evident (2).

(1) Taqwa linguistically comes from "wiqaya" (protection). It is guarding a thing from what harms it. In Sharia, it is for the servant to place a barrier between himself and the disobedience of Allah to protect him from Allah's punishment. See Al-Raghib al-Isfahani, Al-Mufradat fi Gharib al-Quran (p. 881). Ibn Taymiyyah said in Majmu' al-Fatawa (7/163): "The name Taqwa, when used alone, includes performing every commanded act and leaving every prohibited act." Talq ibn Habib said: "Taqwa is to act in obedience to Allah upon light from Allah, hoping for Allah's mercy; and to leave disobedience to Allah upon light from Allah, fearing Allah's punishment."

(2) Ibn Ashur, Al-Tahrir wa al-Tanwir, previous reference, Tafsir of Surah An-Nisa, p. 77.

Second: Examples of Verses from Surah An-Nisa and Contexts of Justice

The great Surah contained several examples confirming the contexts of justice within it, including:

A- The Almighty’s saying: {And give the orphans their properties and do not substitute the defective [of your own] for the good [of theirs]. And do not consume their properties into your own. Indeed, that is ever a great sin} (1) [An-Nisa: 2].

Here, the verse begins with the rights of orphans and the importance of preserving them, because the value of justice established by the Quran is a justice not linked to people's social conditions, but rather a justice linked to human essence.

(1) Ibn Abi Zamanin said in his Tafsir (1/345): "{And give the orphans their properties} meaning: when they reach maturity. {And do not substitute the defective for the good} Al-Hasan said: The defective is consuming the orphans' property unjustly, and the good is what Allah has provided for you; He says: do not leave the good and consume the defective. {And do not consume their properties into your own} meaning: along with your properties. {Indeed, it is a great sin}." Al-Baghawi said in his Tafsir (1/562) commenting on the verse: "They differed regarding this substitution. Sa'id ibn al-Musayyib, al-Nakha'i, al-Zuhri, and al-Suddi said: The guardians of orphans used to take the good part of the orphan's wealth and put the bad in its place... they were forbidden from that. It was also said: The people of Jahiliyyah (Pre-Islamic Ignorance) did not give inheritance to women or children, and the eldest took the inheritance... Mujahid said: Do not hasten to forbidden provision before the lawful comes to you."

It may happen, due to the fluctuations of time and changes in human societies, that the wealth of this group is wasted for one reason or another. Thus, starting with them was an alert to society that a society in which the rights of orphans are protected is the closest to implementing justice in all its forms.

B- {But if you fear that you will not be just, then [marry only] one or those your right hands possess. That is more suitable that you may not incline [to injustice]} [An-Nisa: 3].

Ibn al-Qayyim says regarding this verse: "The context of the verse is to move them from what they fear injustice and wrongdoing in to something else. He said at the beginning: {And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four}. So the Almighty guided them to what would save them from the injustice toward orphans, which is marrying permissible adult women. Then He guided them to what would save them from wrongdoing and injustice in failing to be equal between wives, saying: {But if you fear that you will not be just, then [marry only] one or those your right hands possess}. Then the Almighty informed that one wife or a bondwoman is closer to avoiding inclination and injustice" (1).

C- Among the aspects of proportionality in the verses and contexts of justice is what was mentioned regarding the dowries (mahr) of women. The noble verses addressed all ancient and modern customs that deprived women of this right granted to them by the Creator. This includes the Almighty’s saying in the fourth verse: {And give the women their [bridal] due presents as a free gift. But if they give up willingly to you anything of it, then enjoy it with satisfaction and ease}. It is well known that most Arab tribes in the Jahiliyyah era did not give women a dowry at all, or the dowry was originally the right of the guardian (1).

(1) Ibn al-Qayyim, Tuhfat al-Mawdud bi-Ahkam al-Mawlud, pp. 17-20.

(1) Dr. Muhammad Ismail al-Muqaddim said in Women Between the Honor of Islam and the Insult of Jahiliyyah (pp. 297-300): "The Arabs of Jahiliyyah saw it as the price of the woman upon her marriage... it was the right of the father, not the betrothed daughter... until Islam came and shattered that form of injustice."

D- Among the examples of justice contexts in the Surah are the inheritance rights for women and children. The verses were revealed to block the path of practices based on social injustice in the Jahiliyyah society, which deprived women and children of the right to inheritance based on the false claim that the groups most entitled to inheritance are those who perform the duty of protection and defense of the clan and tribe. Since women and children did not provide protection, they were deprived of receiving anything. The Almighty said: (2) {For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much—an obligatory share} [An-Nisa: 7].

(2) Dr. Tawfiq Borrou says in History of the Ancient Arabs (p. 270): "Inheritance was the right of the man only... it seems this right was restricted to those who ride horses and carry weapons... their rule was: 'None shall inherit from us except he who carries the sword and protects the territory.'"

E- Among the examples of justice contexts in the Surah is the divine guidance that established justice as the basis for protecting people's honor and property. The Almighty said: {O you who have believed, do not consume one another's wealth unjustly} [An-Nisa: 29]. The Prophet (peace be upon him) warned against violating people's honor and property, making them sacred among them, in the greatest, most comprehensive, and most mindful sermon, in a scene like no other, at the end of his life. He said in that awe-inspiring scene during the Farewell Pilgrimage: "O people, what day is this?" They said: "A sacred day." He said: "What land is this?" They said: "A sacred land." He said: "What month is this?" They said: "A sacred month." He said: "Indeed, your blood, your property, and your honor are sacred to you, like the sanctity of this day of yours, in this land of yours, in this month of yours." He repeated it several times, then raised his head and said: "O Allah, have I conveyed? O Allah, have I conveyed?" (Agreed upon) (1).

(1) See Al-Bukhari (1739) and Muslim (1679).

F- Also among these is what the Surah detailed regarding the system of inheritance in a way that achieves the justice of Islam, establishes the foundations of equality, and respects social bonds: {Allah instructs you concerning your children: for the male, what is equal to the share of two females} [An-Nisa: 11].

The examples in the Surah are numerous, all appearing in the contexts of justice. The one contemplating the Surah notices that it addressed justice with various groups: justice with orphans and women who might not be able to take their rights within the institutions of the family and society; justice with enemies; justice with loved ones, relatives, and companions.

The issue of justice with women took the largest space in the Surah in several verses, including:

• {But if you fear that you will not be just, then [marry only] one...} [An-Nisa: 3].
• {O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take back part of what you gave them... And live with them in kindness...} [An-Nisa: 19].
• {And if you want to replace one wife with another and you have given one of them a great amount [in gifts], do not take [back] from it anything... And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?} [An-Nisa: 20-21].
• {And do not wish for that by which Allah has made some of you exceed others. For men is a share of what they have earned, and for women is a share of what they have earned} [An-Nisa: 32].
• {But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand} [An-Nisa: 34].
• {And they request from you a ruling concerning women. Say, "Allah gives you a ruling about them and [about] what has been recited to you in the Book concerning the orphan girls to whom you do not give what is decreed for them - and [yet] you desire to marry them - and concerning the oppressed children and that you maintain for orphans [their rights] in justice..."} [An-Nisa: 127].
• {And you will never be able to be equal [in feeling] between wives, even if you should strive [to do so]. So do not incline completely [toward one] and leave another hanging. And if you amend [your affairs] and fear Allah - then indeed, Allah is ever Forgiving and Merciful} [An-Nisa: 129].

In this way, the Surah rooted justice and the mechanisms for its application and realization in the individual, the family, and society alike, making it a practical, earned value that the believing human seeks to purify their soul by applying it in their life (1). The verses of this great Surah established a social system based on the application of the Oneness of Allah (Tawhid) and walking according to His path in the relationship between man and his Lord in the reality of life through excellence in dealing with others. It began with the issue of the wife first within the family, then moved from the family—the home—to the larger home, society.

(1) See regarding this: Thematic Interpretation of the Surahs of the Holy Quran, by a group of scholars of Tafsir, supervised by Mustafa Muslim, University of Sharjah, 2010.

It can be said that the Surah, from verse 1 to verse 25, then from verse 33 to 35, and likewise verses 127 to 130, addressed the rights of orphans and women, the method of dividing inheritance between the sexes, the rights of various groups within it, the woman's right to a dowry, and the prohibition of marrying certain categories of women... all within the framework of preserving the "Essentials" of religion, life, honor, intellect, and property. It also addressed the mechanisms for achieving justice in the family and the necessity of observing fairness and equity in reconciliation, disputes, and conflicts between spouses and outside the marital relationship as well.

Third: The Proportionality and Inseparability Between Taqwa and the Value of Justice in Surah An-Nisa

Surah An-Nisa speaks in all its verses about justice (1) and its realization in all its forms. This includes the concern for fulfilling the rights of others without the need for them to demand them, as in the case of orphans and other groups mentioned in the Surah.

(1) Al-Raghib al-Isfahani said in Al-Mufradat: "Justice (Adalah) and Balancing (Mu'adalah): a term that implies the meaning of equality... Justice is the distribution of shares equally. On this, it is narrated: 'By justice, the heavens and the earth were established,' as an alert that if any of the four pillars of the world were in excess or deficiency... the world would not be orderly."

The great Surah links, from its beginnings, between justice and "Truth" (Haqq), which are two sides of the same coin. The Surah clarifies that justice exists in human feelings just as it exists in speech; justice in action and behavior, justice with women, justice with children, with the elderly, justice with the strong, and justice with the weak. Taqwa was necessary to build the value of justice in the human soul and protect it from being tampered with. This is something that cannot be achieved away from strengthening it in the human's relationship with his Creator, fulfilling His rights, and then fulfilling the rights of others as part of the human's obligations toward his Creator.

The image of justice is embodied in the human soul to the extent of the Taqwa the person carries. Hence, Taqwa was mentioned in two places in the verse: {O mankind, fear your Lord who created you from one soul...} [An-Nisa: 1] and in the same verse: {And fear Allah, through whom you ask one another, and the wombs. Indeed Allah is ever, over you, an Observer} [An-Nisa: 1].

The relationship between Taqwa and self-censorship is strong, as shown deeply by the verse; justice requires high supervision. Hence, the link between Taqwa and justice at the beginning of the Surah achieves this great objective. The verse also emphasizes a human objective related to supervision: that justice cannot be achieved in an institution or society without monitoring the process of its realization. Justice is not just about enacting laws and systems without placing mechanisms to monitor their fulfillment. This is a great objective brought by this noble Surah.

In fact, the Surah made the principle {So let them fear Allah} the true guarantee for achieving justice in all its forms. Justice is not just a demand that people ask for, nor just an acquired right that humans pursue; rather, the justice built by Surah An-Nisa is a "Justice of Duty." The difference between the two is that when justice becomes an individual duty (Wajib 'Ayn), every person must perform that duty, fulfill it, and protect it; consequently, that justice will be realized at all different levels. Justice is not only the responsibility of institutions but the responsibility of individuals who are partners in its creation and preservation.

Furthermore, when Surah An-Nisa presents the rights of orphans, women, and children and their legislations within the context of Taqwa, it confirms that value-building is not achieved from outside the self but must first be realized within the self. If we look at the verses of Surah An-Nisa, we find that Taqwa is present in family relationships, specifically marital relations, and in marital rights starting from the dowry and financial and psychological rights... including the Almighty’s saying: {And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?} [An-Nisa: 21]. A person encounters situations related to love or hate; however, these are relative matters that must be subjected to the absolute value of justice.

It can be said that among the verses that clarified the inseparability between Taqwa and justice in the Surah are:

• {O mankind, fear your Lord...} [An-Nisa: 1].
• {And let those [executors and guardians] fear [injustice] as if they [themselves] had left weak offspring behind and feared for them. So let them fear Allah and speak words of appropriate justice} [An-Nisa: 9].
• {And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them - and settlement is best. And present in [human] souls is stinginess. But if you do good and fear Allah - then indeed Allah is ever, of what you do, Acquainted} [An-Nisa: 128].
• {And you will never be able to be equal [in feeling] between wives... And if you amend [your affairs] and fear Allah...} [An-Nisa: 129].
• {O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both. So follow not [personal] inclination, lest you not be just...} [An-Nisa: 135].

Second: The Proportionality Between Equality and the Value of Justice in Surah An-Nisa

The value of justice discussed in Surah An-Nisa has another axis based on equality between creation—equality in human value: "from one soul." For justice to be achieved, it must be based on the feeling that creatures are equal among themselves, equal in the origin of their creation and their servitude to their Creator.

From here, it began by talking about orphans, which is striking in the second verse: {And give the orphans their properties...} [An-Nisa: 2] (1). Starting with orphans and their rights came because the value of justice established by Surah An-Nisa is not linked to people's social conditions, but to human essence and the consideration of human value, which is not subject to social circumstances or living standards. The Surah began with them to emphasize that a society that protects the rights of this group will be more protective and preservative of the value of justice with all nations and peoples of the earth, regardless of their races, colors, and classes.

Then, the verses transition to talking about women, which is another emphasis on the value of equality in the origin of creation between humans—men and women—and its importance in fulfilling rights and achieving justice in society. Hence, the verses addressed dozens of practices in the Jahiliyyah society that were originally based on the assumption of inequality in the origin of creation between humans. The situation in Jahiliyyah was based on violating these values: justice, mercy, trust, and equality. Why were these violations present in the Jahiliyyah society?

(1) Al-Baghawi said in his Tafsir (1/562) commenting on the verse: "They differed regarding this substitution... the guardians of orphans used to take the good part of the orphan's wealth and put the bad in its place... It was said: The people of Jahiliyyah did not give inheritance to women or children... so his share of the inheritance is good, and what he takes from the share of others is defective."

When contemplating the verses of the Surah, we find that the relationship between man and the Creator was a polytheistic relationship based on taking partners (shuraka) (1). When the person of Jahiliyyah erred and stumbled in his relationship with Allah, the result was all forms of confusion in the field of human relations and behaviors. Thus, he fell into injustice: injustice toward orphans, injustice toward women, injustice toward slaves, and injustice toward all the classes he deemed weak in society. The Surah confirmed equality through the realization of justice.