Sharia Law An Introduction - by Mohammad Hashim Kamali

Nature, sources and objectives of Sharʑah 31
O believers! Stand out firmly for justice as witnesses to God, even if
it be against yourself, your parents and relatives and whether it be
against rich or poor. (4:135)
.
And let not hatred of a people divert you from the path of justice. Be
just as it is closest to excellence in piety (taqwÉ). (5:8)
.
And when you speak (make sure that you) speak with justice. (6:152)
.
Elsewhere the Qur’Én demands justice together with benevolence
(iÍsÉn):
Surely God enjoins justice and doing good (to others) (iÍsÉn). (16:90)
.
The juxtaposition of justice and iÍsÉn in this verse opens the scope
to considerations of equity and fairness, especially where the
linguistic confines and technicality of a legal text might lead to rigidity
in the administration of justice. Justice must be attempted in the
spirit of iÍsÉn, that is, even when it is not demanded by anyone;
the attempt should be in equity and good faith, which will gain the
pleasure of God. Ibn Qayyim al-Jawziyyah grasps the essence of
justice in the Qur’Én when he observes that justice must be followed
and upheld wherever it is found, within or outside the declared
provisions of the law: Justice is the supreme goal and objective of
Islam. God has sent scriptures and Messengers in order to establish
justice among people. When there are signs which indicate the path
to justice, it is in accordance with the law of God to aim towards it.
Hence ‘any path that leads to justice and fairness is an integral part
of the religion and can never be contrary to it’. 42 What Ibn Qayyim
is saying is that even if nothing could be found in the Sharʑah to
show the direction towards justice, it should still be attempted and