JUSTICE AND TESTIMONY

"O you who believe! Stand upright for Allah, bearing testimony with justice. Let not hatred for a nation provoke you to be unjust. Be just! It is closer to Taqwa. Fear Allah! Indeed, Allah is Informed of what you do." (5:8)

The above verse highlights two important points:

The importance of justice and bearing witness to the truth, and
The warning against the motives that may prevent someone from giving truthful testimony and dispensing justice: hatred.

In another verse, Allah Ta'ala commands:

"O you who believe! Be firm in establishing justice and be witness for Allah even if it is against yourselves, your parents and relatives. Be he rich or poor, Allah is closer to each of them. So do not follow your passions in enforcing justice. If you distort your speech or turn away, then indeed Allah is Well Informed of what you do." (4:135)

Upon reflecting deeply on these two verses, we understand that the responsibility of upholding the truth, speaking the truth, propagating the truth, and enforcing it through justice lies with every individual in society. Maintaining truth and justice is not solely the responsibility of the court or the state. However, it is also true that every individual does not have the right to take the law into their own hands to punish or act against wrongdoers; this is the role of the state.

It is surprising that not only ordinary people but even intellectuals often mistakenly believe that maintaining truth and justice is the responsibility of the state alone. The public calls on the state to uphold justice, while many individuals themselves fail to uphold justice towards others. Islam, unlike any other system, teaches that every individual is responsible for themselves first and for their fellow human beings before claiming their own rights. In other words, one must fulfill their duties before claiming their rights. Therefore, if every person observes their duties towards others, each individual will receive their rights.

This concept of "performing one's duty is observing the rights of others" elevated the status of the Sahabah-e-Kiraam (Radiyallahu anhum) to such a high level that they were more concerned with the well-being of others than with their own. This is why we see that they loved giving in the way of Allah and in charity more than receiving.

In the two aforementioned verses (4:135 and 5:8), Allah Ta'ala reminds us: "Fear Allah" and "Indeed Allah is Well Informed of what you do."

It was the pursuit of Taqwa (fear of Allah) and Ihsaan (serving Allah as if one sees Him, even though one cannot see Him) that transformed the Sahabah (Radiyallahu anhum) from a people once regarded with disdain, such that no ruler or king of another nation wanted to rule over them, into exemplary figures who became instructors of civilisation and shining role models, guiding humanity toward truth and eternal success.

In fact, if Taqwa and the presence of Allah Ta'ala are alive in one's heart, there would be no chaos in the world. Everyone would feel that their Creator is watching over them at all times, and consequently, each individual would fulfil their duties and take responsibility towards others. At that point, no one’s rights would be violated, resulting in peace and harmony. The fear and awareness of Allah is a more sensitive and effective control system than any law enforcement. It is this very quality that would allow a beautiful girl to walk down the street without being harassed.

A person will give true testimony as long as they possess the fear of Allah in their heart. The presence of false testimony clearly indicates the absence of Taqwa and Khauf-e-ilaahi. This is why the Prophet (Sallallaahu 'Alaihi Wasallam) warned his Ummah against false testimony – Shahaadat-uz-Zur.

Hadhrat Abdullah Ibn Mas'ud (Radiyallahu anhu) reported that the Prophet (Sallallaahu 'Alaihi Wasallam) said: "Truth leads to piety (Taqwa) and piety leads to Paradise. Whoever speaks the truth is recorded among the truthful. Lying leads to Hell, and whoever lies is recorded among the liars." (Bukhari and Muslim)

In verse 283 of Surah 2, Allah, Rabb-ul-Aalameen warns:

"...Do not hide testimony, for whoever hides it has a sinful heart. Allah knows well whatever you do."

In conjunction with verse 135 of Surah 4, this verse (2:283) stresses the importance of giving truthful testimony. Thus, when we are required to bear witness, we must act with fairness, even if our testimony goes against ourselves, our parents, or our relatives. Therefore, we must provide truthful testimony, and nothing but the truth, without distortion for anyone—whether in favour of a rich person because of their wealth or to the detriment of a poor person, or vice versa. Allah Ta'ala has placed both the rich and the poor on the same level when it comes to fairness in testimony.

Thus, when bearing witness for or against someone, one must not follow their passions (nafs) to the extent that they are led to speak anything other than the truth. One must be just, both towards the one against whom one bears witness and towards the one in whose favour one bears witness. Hiding the truth and giving false testimony indicate a spiritually sick heart.

Allah Ta'ala, the One who created us and knows our nature and weaknesses better than anyone else, has accounted for the difficulties a witness may face during testimony or trial. This is why He says clearly and categorically:

"Let no harm come to the scribe or to the witness. If you do, then it is indeed a grave sin upon you..." (2:282)

One of the factors that can promote truthfulness is ensuring that the authority carefully observes the rights of the witness, including their safety and ease.

Today, the word "testimony" is often limited to giving testimony in court or before other state institutions, but in the language of Shariah, this term has a broader meaning. It encompasses any occasion when one attests to or confirms something. Let us consider a few examples to better understand its application:

MEDICAL CERTIFICATES

A medical certificate provided by a doctor, attesting that a patient is "unfit for work from... until....," is also considered a testimony. If this medical document is not truthful, then the doctor has provided false testimony.

CORRECTING EXAM PAPERS

The act of grading exam papers and awarding marks is also a form of testimony. It testifies to the student's abilities and competence in the subjects taken. Negligence by the one correcting the papers, such as awarding marks incorrectly, either too high or too low, constitutes false testimony and is prohibited.

Similarly, issuing certificates of study, whether for secular or religious subjects, attesting that a person has reached a certain level or completed a certain syllabus, is also considered testimony.

VOTING

Voting in favour of someone who participates in an election is, in essence, a testimony made by the voter in support of the candidate. By voting, the voter attests that the candidate is upright, sincere, honest, and competent for the task that will be entrusted to them.

The role of the voter is therefore extremely important, as the stability, progress, and smooth functioning of a country, society, or institution largely depend on this vote. Thus, in no circumstance should a voter be influenced by financial incentives or promises. If, due to "personal interests" or "external influences," we contribute to bringing an incompetent candidate into government or into the leadership of an institution, we will bear responsibility for all the ensuing blunders. This is because we have given false testimony and a bad recommendation (shafa'ah). For further details on the subject of "Shafa'ah," refer to Al-Haadi Vol. 1 No. 7. Jazakumullah!

Allah says: "Whoever intercedes in a beautiful manner will receive a share of it. Whoever intercedes in an evil manner will receive the sin for it. Allah has control over all things." (4:85)

Let it be known that when incompetence prevails in any system, vitality and stability are lost, and all evils, such as fraud and bribery, come to the fore. If we consider this on a national level, the development of a country is affected at every level.

As Muslims, we must constantly remember that bearing authentic testimony and adhering to truth and justice are qualities of an Imaandaar (a person of integrity). In other words, acting on these principles reflects the presence of Imaan within us. Therefore, we must be vigilant when bearing testimony, even when casting our vote. We must bear witness for someone who will not act against our Deen, Al-Islam, and its laws. If we act otherwise—i.e., if we bear witness for someone who we know will undermine our Deen—it would be an injustice (zulum) upon the Deen of Allah Ta'ala. Let each one take responsibility, for:

"… He has created death and life to test which of you carry out the best acts..." (67:2)

[English version of "La justice et le témoignage" – Al Haadi – Vol. 2 No. 7]