Rule of Law
(1) Definition:
According to Dictionary.com
Rule of law is the principle that all people and institutions are subject to and accountable to law that is
fairly applied and enforced.
According to Britannica.com
Rule of law means, the mechanism, process, institution, practice, or norm that supports the equality of all
citizens before the law, secures a non-arbitrary form of government, and more generally prevents the
arbitrary use of power.
(2) Rule of Law and Islam:
For the first time in the history of mankind, Islam established the uniform rule of law for all, irrespective
of race, color, creed or nationality and states. All citizens of state were subject to the same law and no
one was regarded as being above the law. Citizens with wealth, status or privilege were treated the same
as the humblest of the citizens of the state in subordination to the law. All stand equal in the eyes of the
law, with no privileges or reservations for anyone. The Caliph and the impoverished stand together for
judgment before the law.
(3) Importance of the Rule of Law in Quran:
1. No believing man or any believing woman should exercise any choice in their affairs once God and His
Messenger have decided upon some matter. Anyone who disobeys God and His Messenger has clearly
wandered into error. (al-Ahzab)
2. The only statement believers should make when they are invited to the God and His Messenger, so that
He may judge btw them is: ‘We have heard and we are at your orders.’ Those persons will be successful.
(an-Nur)
Thus the authority of God and His messenger is the final authority in the Islamic stare and no one os
outside the Divine Law.
(4) The importance of Rule of Law in the Sunnah:
As a judge, the Holy Prophet (PBUH) dispensed justice in the truest meaning of the word and for this
purpose he never tolerated any sort of discrimination and no compromise was made on enforcement of
punishments awarded after the due process of law.
1. Once a Qurashite lady belonging to an influential family was nabbed for committing theft and the charge
was proved against her. As per the Islamic injunctions, the Holy Prophet (PBUH) ordered to amputate her
hand. Some important members of her clan came to the Holy Prophet (PBUH) and sought respite for her.
The Holy prophet did not like this and he said, “The people before you were destroyed because they used
to inflict the legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is, if
Fatima (the daughter of the Prophet) did that (i.e. stole), I would cut off her hand.”
(5) Rule of Law in the life of Khulafa-e-Rashideen:
The four Rightly-guided Caliphs (RA) also laid special emphasis on social justice and rule of law. Following
in footsteps of the Holy Prophet (PBUH), they led simple lives and kept themselves answerable and
accountable to the general public. They established great standards of social justice and fully maintained
the rule of law.
1. Once a person came to Hazrat Umar (RA) and complained that in a horse race, his horse was leading
but Muhammad the son of Amr bin Al-Aas, the Governor of Egypt, had beaten him. Hazrat Umar (RA)
summoned Amr and his son to Medina. They were apprised of the complaint against them. They could
not offer a satisfactory explanation. So, Hazrat Umar (RA) ordered that the complainant should beat Amr’s
son in the same way as he had beaten him.
2. During his caliphate, the fourth Caliph Hazrat Ali al-Murtaza (RA) brought a suit before Qazi named
Shuraih against a Jew regarding the custody of an armour. The decided ruled in favour of the Jew and
against the Caliph as Hazrat Ali (RA) could not produce witnesses to the satisfaction of the Qazi although
that armour was his rightful property.
