Now it has been established that since all the concerns of religion constitute a divine trust; a trust that must be vested in its rightful possessors a part of the trust must inevitably be government. Thus, in accordance with this verse, the conduct of all governmental affairs must be based on the criteria of justice, or to put it differently, on the law of Islam and the ordinances of the sharī‘ah.
The judge may not issue an incorrect verdict i.e., one based on some illegitimate, non-Islamic code nor may the judicial procedure he follows or the law on which he bases his verdict be non-Islamic and therefore invalid. For example, when those engaged in planning the affairs of the country draw up a fiscal program for the nation, they must not impose unjust taxes on peasants working on publicly owned lands, reducing them to wretchedness and destroying the land and agriculture as a whole through the burden of excessive taxation. If the executive branch of government wishes to implement the juridical ordinances of the law and its penal provisions, they must not go beyond the limits of the law by inflicting extra lashes upon the offender or abusing him.
After the Commander of the Faithful (‘a) had cut off the hands of two thieves, he showed such love and concern in treating them and attending to their needs that they became his enthusiastic supporters. On another occasion, he heard that the plundering army of Mu‘āwiyah had stolen an anklet from the foot of a dhimmi78 woman. He became so distraught and his sensibilities were so offended that he said in a speech: “If a person were to die in circumstances such as mine, no one would reproach him.” But despite all this sensitivity, the Commander of the Faithful (‘a) was a man who would draw his sword when it was necessary to destroy the workers of corruption with all the strength he could muster. This is the true meaning of justice.
The Most Noble Messenger (s) is the foremost example of the just ruler. When he gave orders for the conquest of a certain area, the burning of a certain place, or the destruction of a certain group whose existence was harmful for Islam, the Muslims, and mankind in general, his orders were just. If he had not given orders such as these, it would have meant neglecting the welfare of Islam, the Muslims, and human society.
Anyone who rules over the Muslims, or over human society in general, must always take into consideration, the public welfare and interest, and ignore personal feelings and interests. For this reason, Islam is prepared to subordinate individuals to the collective interest of society and has rooted out numerous groups that were a source of corruption and harm to human society. Since the Jews of Bani Qurayza were a troublesome group, causing corruption in Muslim society and damaging Islam and the Islamic state, the Most Noble Messenger (‘a) eliminated them.
Knowledge and Justice Two Pillars of Islamic Establishment
