Shari'a Implementation in Nigeria - Peace Palace Library

Women’s Right, Access to and Administration of Justice under the Shari’a in Nigeria
(iii) Equality before the law 29
Islam has given to justice an eminent position in its legislation. For the
Qur’an urges and enjoins Muslim to keep the principles of natural justice
even against one’s nearest relatives, the rich or poor, “Follow not the lust of
your hearts, lest you swerve – and if you distort justice or decline to do justice,
verily Allah is well – acquainted with all that you do.”
The Qur’an further commands the Muslims to keep the principles of
justice even with their enemies – “O you who believe! Stand out firmly for
Allah as witnesses to fair dealing and let not the hatred of others to you make
you swerve to wrong and depart form justice. Be just: that is next to piety.
And fear Allah. For Allah is ell – acquainted with all that you do.”
The above passages evidently shows that the foundations of concept of
equality before the law are deeply rooted in the structure of Islam; this is
simply because the Islamic lawgiver is just to all his creatures. He is not
partial to any race, colour, region or religion. He being the best of all judges’
judges and decides upon every individual on his own merit and in accordance
with his own deeds.
Believers are therefore, strictly urged to do justice even to one’s
detriment and in favour of one’s adversary. Litigants are to be treated on
equal footing, either of them and the judge, and regardless to their social
status in the society. When this Divine ordinance is thoroughly implemented,
there will be no place for prejudice or persecution. And no room for segregation
or oppression.
The Prophet of Islam in his utterances and deeds, whose function is to
translate the ideology of Islam and put it in practical shape, made it abundantly
clear that equality before the law is one of the basic ingredients of fair
adjudication. It is pertinent indeed, to recall the case of the Makzumiyya lady
who committed theft and the Quraish tribe was very much worried about her.
Usama bin Zaid who was asked to speak on her behalf before the Prophet
implored him not to cut off the lady’s hand because she was of a noble family
and her family would be dishonoured in consequence. Prophet Muhammad
replied to Usama that how he dares to intercede to suspend a penalty imposed
by Allah That the power of the children of Israel was destroyed because when
the most noble of them stole, they forgave him and when the weak or humble
amongst them stole, they executed the penalty on him. By him in whose hand
the life of Muhammad is, if Fatima the daughter of Muhammad should steal,
I shall cut off her hand.
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