Justice in judiciary

If the previous articles were a source of astonishment over the actual situations of the prophet's justice, yet, it is more astonishing in case of applying justice between a Muslim and non-Muslim.

The prophet Muhammad puts justice into effect regardless of religion, race, inclination or interests. To exemplify;

The prophet Muhammad, Banu-Ubayriq and Jews

Once, it happened that a Muslim man belongs to a tribe of Al-Ansar (Supporters), Ubairiq ibn Zufr ibn Al-Harith, has stolen Hauberk from a Muslim neighbor. According to one narration, the first man called "Tu`mah ibn Ubairiq" or" Bashir ibn Ubairiq "according to another, while the latter called Qatadah ibn An-Nu`man . The Hauberk was kept in flour bag. The flour dispersed from a hole in the bag ending at the house of the first who hidden it with a Jewish man called Zayd ibn As-Samin.

The hauberk was sought with Tu`mah who swore by Allah, Almighty, he is not housebreaker. The owners of hauberk said they saw the traces of the flour ending inside his house, an oath made him be free. They followed the traces of the flour until it ended at the Jewish house who in turn said: Tu`mah ibn Ubairiq handed it to me. People of Tu`mah (banu-Zufr) came to the prophet seeking his support to their man Tu`mah, at that moment, the prophet Muhammad intended to punish the Jewish man, but Quranic verses revealed (Indeed, We have revealed to you, [O Muúammad], the Book in truth so you may judge between the people by that which Allah has shown you. And do not be for the deceitful an advocate…….. But whoever earns an offense or a sin and then blames it on an innocent [person] has taken upon himself a slander and manifest sin), An-Nisaa, 105-112[1]

The prophet Muhammad believed that the thief is the Jewish man as indications are a sign to that. However; revelation of Allah, Almighty, were sent down in contrary to that. The prophet has not concealed such verses and far be it from him, however; he stated it clearly that the Jewish man is innocent and the Muslim man is housebroke.

Definitely, it is not a simple issue.

The prophet Muhammad paid no attention to the Jewish attitude of intriguing to Islam, defaming him personally and disuniting Muslims, yet; he does not dare to accuse a Jewish falsely.

Over and above, the Muslim man accused of theft belongs to Al-Ansar people who supported the prophet and were dignitaries and retinues of the prophet.

Al-Ansar were the abode of Islam and by their endeavors the Muslim state was established, however; these merits do not justify to acquit of theft a convicted man of them, even if the other party was a Jewish.

On top of that, this situation may be a reason to Jews to more abuses of Muslims that they allege that Muslims are housebreakers, accuse the innocent falsely, support the wrongdoer and they are liars. Indeed, it is a chance to the Jews to continue defaming Islam. Yet; the prophet Muhammad applied justice and right.

The matter was not mere acquittal and conviction, however; it was a peerless principle must be inculcated into the minds of this group to be worthy to lead mankind. This principle must strictly be put into effect to the extent it overcomes all obstacles deterring its application. This is to observe justice regardless of any worldly considerations[2]).

Once again, I wonder, and it will frequently be done, are there any similar situations in any nation other than Muslims?! Has it never been to any leader worldwide to act in pursuant to the right, justice, tolerance and truthfulness to the opposite to his creed like our Prophet Muhammad?!

The narration of At-Tirmidhi to the incident of Bani Ubairiq

Worth mentioning that that Muslim man who stole and accused the Jewish came finally to be a hypocrite. This is obvious the narration related by At-Tirmidhi on the authority of Qatadah ibn An-Nu`man who stated: Bishr, Bashir and Mubashir were of Bani Ubairiq. Basher was a hypocrite man satirizing the companions of the prophet and then alleges that so and so said that. When it reaches the hearing of the companions, they become sure it is the deed of Bashir. Bani Ubairiq were poor both before and after Islam. At that time, people's food in Medina was dates and barley. When goods come from Greater Syria, people used to buy the white flour to themselves while their household feed on dates and barley. When goods came from Greater Syria, my uncle Rifa`ah ibn Zayd bought a load of white flour and put it in upstairs room a long with weapon of hauberk and sword. The house was mounted and the room was bored and food along with weapon was stolen. In the morning, my uncle Rifa`ah came to me and said: O nephew! Last night, our house was mounted and the upstairs room was bord and the food and weapons were stolen. I inquired about that, it was said that Bani Ubairiq kindled yesterday night which likely on your food. Bani Ubairiq said: by Allah! We believe the doer is Sahl ibn Labid. At that moment, Labid unsheathed his sword and said: is it me accused of theft?! By Allah! You will declare the truth or else I will kill you. By then, they said: away with you! It is not you. We more inquired while we are sure they are who committed it. Upon that, my uncle said to me: O my nephew! You may go to the prophet Muhammad and inform him about the incident. Qatadah said: I went to the prophet and said: O Messenger of Allah! It happened that the house of my uncle Rifa`ah was mounted and the upstairs room was bored and thus food and weapon was stolen. We are not in want of food, but we want weapon. The prophet Muhammad said: I will check that incident. When Bani Ubairiq heard of the prophet's concern of the incident, they went to a man of them called Usair ibn `Urwah and informed him of the matter. By then, a number of Bani Ubairiq went to the prophet and said: O Allah's Messenger! Qatadah ibn An-Nu`man and his uncle, without evidence, accused of theft a righteous man belongs to us. Afterwards, Qatadah went to the prophet who said: "O Qatadah! You, without evidence, accused of theft a righteous man belongs to Bani Ubairiq" Qatadah said: I returned home regretting to address him firstly in the incident. My uncle Rifa`ah came to me and said: O my nephew! What you have done with the prophet? I told him with the statement of the prophet. My uncle commented: Allah is the One Whose help is sought. It did not take a long time and the Quranic verses were revealed: (Indeed, We have revealed to you, [O Muúammad], the Book in truth so you may judge between the people by that which Allah has shown you. And do not be for the deceitful an advocate), An-Nisaa, 105.

Accordingly, the prophet Muhammad brought the weapon to Rifa`ah. When I took the weapon to my uncle Rifa`ah who was a blind aged or nyctalopic before Islam, I was believe that my uncle's adherence to Islam is deficient, he said: O nephew! The weapon is for the sake of Allah, and thus I became sure his was perfect. When the Quranic verses, Bashir apostatize and inhabited in Sulaqah bint Sa`d ibn Sumayah' house and Allah revealed:(And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers - We will give him what he has taken and drive him into Hell, and evil it is as a destination… And he who associates others with Allah has certainly gone far astray), An-Nisaa, 115, 116. Consequently; Hassan ibn Thabit satirized Sulaqah who in turn took the luggage of Bashir and cast it out of her house at the wide riverbed. She said to Bashir: you are the reason why Hassan satirized me that you never are a source of the good[3]. However; in some other narration, it is related that basher fled to Mecca and died their apostate[4].

This just judgment in the interest of the Jew against a Muslim man who is weal faithful was also to be applied if such Muslim is strong in faith. This is because the Shai`ah of Islam does not favor one over other and the prophet does not side with his companions or acquaintances.

The incident of Jabir ibn `Abdillah and the Jew

For more illustrations over this point, let's examine a strange story happened between a Jew man and one of the honorable companions of the Prophet, however; he was very dear to the Prophet, namely Jabir ibn `Abdillah ibn Hiram (May Allah be pleased with them[5]). Jabir is an honorable companion of the prophet and witnessed Al-`Aqabah-Second Homage while child[6] along with his father `Abdillah ibn Hiram[7]. Jabir witnessed all battles starting by Uhud or which he counted[8].

Jabir stated: (There was a Jew in Medina who used to lend me money up to the season of plucking dates. (Jabir had a piece of land which was on the way to Rom). That year the land was not promising, so the payment of the debt was delayed one year. The Jew came to me at the time of plucking, but gathered nothing from my land. I asked him to give me one year respite, but he refused. This news reached the Prophet whereupon he said to his companions, "Let us go and ask the Jew for respite for Jabir." All of them came to me in my garden, and the Prophet started speaking to the Jew, but he Jew said, "O Abu Qasim! I will not grant him respite." When the Prophet saw the Jew's attitude, he stood up and walked all around the garden and came again and talked to the Jew, but the Jew refused his request. I got up and brought some ripe fresh dates and put it in front of the Prophet. He ate and then said to me, "Where is your hut, O Jabir?" I informed him, and he said, "Spread out a bed for me in it." I spread out a bed, and he entered and slept. When he woke up, I brought some dates to him again and he ate of it and then got up and talked to the Jew again, but the Jew again refused his request. Then the Prophet got up for the second time amidst the palm trees loaded with fresh dates, and said, "O Jabir! Pluck dates to repay your debt." The Jew remained with me while I was plucking the dates, till I paid him all his right, yet there remained extra quantity of dates. So I went out and proceeded till I reached the Prophet and informed him of the good news, whereupon he said, "I testify that I am Allah's Apostle[9]"

Really, it is strange incident. Jabir borrows from a Jew. The payment of the debt was due and Jabir has no thing to repay. The poor Jabir asked the Jew to give him one year respite, but he refused. This news reached the Prophet whereupon he said to his companions, "Let us go and ask the Jew for respite for Jabir." All of them came to me in my garden, and the Prophet started speaking to the Jew, but he Jew said, "O Abu Qasim! I will not grant him respite".

The prophet Muhammad is the ruler of Medina wholly and Jabir is very dear to him and he (PBUH) wants the Jew to respite the debt, just respite, not to waive it. The prophet Muhammad himself intercedes to the Jew who insists on his attitude. Yet, the prophet, at that moment, as a ruler, chief and Messenger of Allah has not compelled the Jew to accept his intercession.

The prophet Muhammad paid no attention to his stance which may be decreased, nor has he sided with Jabir, the very dear to him and not even to the hostile attitude of Jews to Muslims.

The Prophet Muhammad paid no attention to any of these considerations, but he only considered observing justice accurately.

 The right is on the part of the Jew, payment is indispensable and intercession is not accepted, then payment becomes necessary and the Jew must be treated justly even if it is against an honorable, a son of honorable, companion of the prophet Muhammad.

This is Islam

This attitude of the prophet Muhammad was not affectation; rather it was the rules of Islam.

In this regard, Allah, Almighty, says: (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. And if you distort [your testimony] or refuse [to give it], then indeed Allah is ever, with what you do, Acquainted), An-Nisaa, 135.

To feel compassionate to Jabir for his poverty does not justify siding with him against the Jew in this incident.

Imam Ashawkani[10] in book "Fath Al-Qadir" comments on this Quranic verse: (if the defendant is rich, it should not be sided with him seeking interest or deterring harm of him. Also, if the defendant is poor, it should not be sided with him for his poverty out of compassion to him[11].