Injustice

Injustice should not be understood to imply only the confiscation of money or other property from the owners, without compensation and without cause.

It is commonly understood in that way, but it is something more general than that.

Whoever takes someone’s property, or uses him for forced labor, or presses an unjustified claim against him, or imposes upon him a duty not required by the religious law, does an injustice to that particular person.

People who collect unjustified taxes commit an injustice. Those who infringe upon property (rights) commit an injustice.

Those who take away property commit an injustice. Those who deny people their rights commit an injustice. Those who, in general, take property by force, commit an injustice.

It is the dynasty that suffers from all these acts, in as much as civilization, which is the substance of the dynasty, 677a is ruined when people have lost all incentive.

This is what the Lawgiver Muhammad actually had in mind when he forbade injustice. He meant the resulting destruction and ruin of civilization, which ultimately permits the eradication of the human species. This is what the religious law quite generally and wisely aims at in emphasizing 5 things as necessary:

1. The preservation of Islam
2. The preservation of the soul
3. The preservation of the intellect
4. The preservation of progeny
5. The preservation of property

Injustice calls for the eradication of the human species through the ruin of civilization.

Thus, injustice must be forbidden.

There is ample evidence for that in the Qur’an and the Sunnah. It is much too ample to have it accurately or fully presented here.

If injustice were to be committed by every individual, the list of deterring punishments that would then have been given for it (in the religious law) would be as large as that given for the other (crimes) which lead to the destruction of the human species and which everybody is capable of committing, such as adultery, murder, and drunkenness.

However, injustice can be committed only by persons who cannot be touched, only by persons who have power and authority.

Therefore, injustice has been very much censured, and repeated threats against it have been expressed in the hope that perhaps the persons who are able to commit injustice will find a restraining influence in themselves.

It should not be objected that punishment for highway robbery is provided for in the religious law, 679 and that (highway robbery) is an injustice that can be committed only by someone who has the ability to commit it, in as much as the highway robber, when he commits the robbery, must have the ability to do it.

The reply to that would be twofold:

1. The punishment for highway robbery is for crimes against life or property that the robber commits.

This is an opinion held by many. The punishment applies only after one has gained power over him and brought him to account for his crime. Highway robbery itself has no fixed legal punishment.

2. The highway robber cannot be described as having the ability (to commit injustice), because we understand by ability to commit injustice that the person has a free hand and there is no rival power, which means that he has (a power to) bring about (complete) ruin.

The ability of the highway robber is merely an ability to cause fear. (This fear) then enables the highway robber to take away the property of others. Everyone may defend himself against it, according to both the religious and the political law. It is not, then, an ability that could bring about (complete) ruin.

Forced labor and Expropriations

One of the greatest injustices is:

• the unjustified imposition of tasks and
• the use of forced labor

These contribute most to the destruction of civilization. Labor belongs to the things that constitute capital. The labor of civilized people result in their gain and sustenance.

All their efforts and labors let them acquire capital and profit. They have no other way to make a profit except through labor.

Subjects employed in cultural enterprises gain their livelihood and profit from such activities.

If they are obliged to work outside their own field and are used for forced labor unrelated to their ordinary ways of making a living, they no longer have any profit and are thus deprived of the price of their labor, which is their capital asset.

They suffer, and a good deal of their livelihood is gone, or even all of it.

If this occurs repeatedly, all incentive to cultural enterprise is destroyed, and they cease utterly to make an effort. This leads to the destruction and ruin of civilization.

An injustice that is even more destructive of civilization and the dynasty is the appropriation of people’s property by buying their possesions as cheaply as possible and then reselling them at the highest possible prices through forced sales and purchases.

Often, people have to accept high prices for merchandise to be paid later. They accept the current loss with the hope that the market will improve and they can sell the merchandise so that their loss will be canceled later on.

But then, they are required to make payment at once, and they are forced to sell the merchandise at the lowest possible price. The loss involved in the two transactions affects their capital.683

This situation affects all kinds of merchants, those resident in town and those who import merchandise from elsewhere.

It also affects:

• the peddlers and shopkeepers who deal in food and fruit
• the craftsmen who deal in the instruments and implements that are in general use.

The loss affects all professions and classes quite generally.

This goes on from hour to hour.

It causes (all) capital funds to dwindle.

The only possibility that remains is for the merchants to go out of business, because their capital is gone, as it can no longer be restored by the profits.

Merchants who come from elsewhere for the purchase and sale of merchandise are slow to come, because of that situation. Business declines, and the subjects lose their livelihood, which, generally, comes from trading.

Therefore, if no (trading) is being done in the markets, they have no livelihood, and the tax revenue of the ruler decreases or deteriorates, since, in the middle (period) of a dynasty and later on, most of the tax revenue comes from customs duties on commerce, as we have stated before. 685 This leads to the dissolution of the dynasty and the decay of urban civilization. The disintegration comes about gradually and imperceptibly.

This happens whenever the ways and means of seizing property described above are used. On the other hand, if (the property) is taken outright and if the hostile acts are extended to affect the property, the wives, the lives, the skins, and the honor of people, it will lead to sudden disintegration and decay and the quick destruction of the dynasty.

It will result in disturbances leading to complete destruction.

On account of these evil (consequences), all such (unfair activities) are prohibited by the religious law.

The religious law legalizes the use of cunning in trading, but forbids depriving people of their property illegally. The purpose is to prevent such evil (consequences), which would lead to the destruction of civilization through disturbances or the lack of opportunity to make a living.

All these practices are caused by the need for more money by the dynasty and ruler, because they have become used to luxurious living.

Their expenditures increase, and much spending is done. The ordinary income does not meet (the expenditures). Therefore, the ruler invents new sorts and kinds of taxes, in order to increase the revenues and to be able to balance the budget.

But luxury continues to grow, and spending increases on account of it.

The need for (appropriating) people’s property becomes stronger and stronger. In this way, the authority of the dynasty shrinks until its influence is wiped out and its identity lost and it is defeated by an attacker.