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Letter of Hazrat Umer

RA ABOUT JUSTICE

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Introduction

letter (advice) written by Hazrat Umar (RA) to Abu Musa Ashari (RA), governor of Kufa

It contained the golden principles of quick justice without fear or favour

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1. Selecting the Judge

The duty of adjudication is a well-established and consistent practice in Islam that has been followed throughout the ages;

Therefore, try your best to understand with depth and wisdom whenever you are appointed as judge, on the basis of evidence and proof, and enforce the right, if it is established, because it is useless to talk about a right which is not enforceable.

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2. Justice in all form

And make sure that you do full justice between the litigant parties, not only through your judgments, but also through your facial expressions and body language, so that an influential man never hopes for any kind of injustice from you, nor a powerless person need question you fairness, nor an enfeebled one gets hopeless about your justice

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3. Burdon of proof /Evidence

Remember that the burden of proof is always on the plaintiff and the complainant and the obligation of oath is upon the defendant and the respondent

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Principle of Reconsiliation

Reconciliation is allowed between Muslims, provided it does not permit what is prohibited or prohibits what is permissible

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Law of Estopple

Your earlier judgment should not deter you from reviewing it if you are guided to the right path by your senses and reason, because truth is eternal and it can never be abolished

And to revise decisions for the sake of upholding the truth is far better than persisting in something that is null and void (not correct)

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Perceptive and Judicios

 And you must be perceptive and judicious regarding whatever comes to your mind which is not revealed in the Holy Quran and the Sunnah

Then search for earlier, similar examples from the Quran and Sunnah

9Judgment on the principle of Quran and Sunnah

And compare your unprecedented thoughts and ideas with what you have discovered and then base your judgment upon what is closest to the guidance of the Almighty and nearest to the truth

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Timely Justice

And set a deadline for a complainant who is asking for a right and accept his claim if he/she manages to produce evidence

This will leave no room for any excuse

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Qualification of Witness

Muslims are equal before you as witnesses unless someone is convicted in a Hadd (adultery) case or proved guilty of fake testimony or is seen as serving the personal interest of a friend or relative

Almighty Allah takes responsibility of secrets and will relieve you of your responsibility if you decide a case on the basis of evidence and proof

Whoever presents himself falsely to others, pretending to be what he is not in Divine knowledge, then Allah will surely disgrace and dishonor him, because Allah never accepts any act from His servants except that which is done purely for Him

12Calmness in administering the justice

And beware of showing anger, getting annoyed and upset, hurting people and shying away from deciding a case

Do not forget that adjudication with justice and truth will entitle you to some great reward from the Almighty in this world and the hereafter

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Analysis

Hazrat Umar (RA) took extreme care in the selection of judges and those chosen were of the best character and most knowledgeable

He also organised tests for them

Even though judges were appointed by the governors in their respective domains, Hazrat Umar (RA) still used to personally meet them and approve their appointments on the basis of their knowledge and experience

Besides, he also personally appeared before judges many times in disputes, in order to ascertain their competence and neutrality

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Conclusion

1. Old Qazi system cannot be enforced in toto

2. We can definitely adjust our judicial system to encompass the spirit of that golden age

3. Our current system is a legacy of the British

1. On April 12, 1936, Quaid-e-Azam said that the 1935 Act was worse than the Versailles Treaty, which had turned Germany into a subordinate state (resulting in the Second World War and the deaths of almost 55 million people)

2. In his letter dated May 28, 1937, to the Quaid-e-Azam, Allama Iqbal had also criticised the 1935 Act

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Letter to Nile

Christians used to follow a savage practice. They used to hold a big festival in the early summer each year. This was a day of general merrymaking

The day was also marred with human sacrifice A beautiful maiden, dressed as a bride, was

thrown into the Nile. People thought that the sacrifice was necessary to please the Nile, and get a big flood of water for their parched fields

If the Nile got displeased, they thought, there would be no flood and hence no crops

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Letter

"From the servant of Allah (Subhaanahu Wa Ta'ala) and Commander of the Muslims to the River of the Nile of Egypt. O Nile, if you flow of your own will, then do not flow. But if your flow is controlled by Allah, the Almighty, we pray to

Him to keep you flowing." 

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Cont…

1. This letter was thrown into the river, as directed by Hazrat Umar Radi Allahu Ta'ala Anhu

2. The river overflowed its banks that year

3. The country was once again green with crops. The peasants were happy

4. The savage practice of human sacrifice came to an end forever