If liberty is the main founding principle of the United States, then certainly the concept of justice cannot be far behind. It also is a main pillar upon which the Constitution was founded and framed. If we examine the preamble of the Constitution, ratified in 1787, we find: "We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

This value of justice seems to be sorely lacking in many places around the world, often including the present day Muslim nations. This, however, is not due to a lack of emphasis of this concept in the religion of Islam. Justice, it can be fairly said, is probably the central precept in Islam governing the relationship between human beings. In fact, the Quran clearly and explicitly states that the purpose of the divine messages to humanity has been the establishment of justice:

"We sent aforetime our apostles with clear signs and sent down with them the book and the balance (of right and wrong) that human beings may establish justice" (Quran 57:25).

This concept has also been recognized as the central driving force behind religious law. Before quoting the opinions of various scholars, it is important to mention that Islam has a long and rich intellectual heritage. Just as the values of Western democracy are associated with the names of such thinkers as John Locke and Thomas Jefferson, there are central figures and thinkers in every intellectual heritage. While we have not heard of them, or may not be familiar with them, this does not diminish their stature. For example, the revolution in scientific thinking in the early 20th century, known as quantum mechanics, rests on the shoulders of such giants of physics as Dirac, and Bohr. Even if these names are not readily familiar, it does not diminish their stature; they were responsible for the most profound change in the history of humanity regarding our view and understanding of the physical world which surrounds us.

The same can be said for the pioneers of Islamic intellectual thought, many of whom are quoted in this chapter. One such seminal thinker is a scholar named Ibn-al-Qayyim, a very widely recognized scholar who lived approximately 700 years after Prophet Muhammad. He addressed himself to the fundamentals of jurisprudence, and expressed the concept that justice is the foundation of Islamic jurisprudence: "God Al-Mighty and Exalted has sent His messengers, and brought down His messages so that people may establish justice. This is the justice which is the foundation of the heavens and earth. If its signs are evident, and its light shines in any fashion, then that points the way to the law of God and the religion which He has ordained, and His will which He has established, and the path to that which pleases him." 11 With this poetic, yet sweeping statement, this scholar made it quite clear that religious laws do not exist in and of themselves, or for a purpose separate from human life, or for some ethereal other-worldly end, but rather they exist to further the establishment of justice. Furthermore, whatever leads people to the establishment of justice on earth becomes by definition the law of religion and the path which is to be followed.

To examine the Islamic heritage more closely, the concept of justice needs to be somewhat better defined. Clearly, this is no easy task, but three main themes of this concept stand out as essentials, without which justice cannot be present:

1. Equality before the law.

2. Due process.

3. Reasonable laws and reasonable punishments.

The first of these notions, while extremely difficult to achieve in practice, is self-explanatory. Peasants and kings are bound alike by the law, and are equal in stature before it, without special dispensation on the basis of race, color, creed, ethnicity, wealth, or any other barrier which human beings have used to distinguish themselves from each other. The second concept is somewhat more subtle. It deals with the notion that matters such as innocence and guilt in criminal proceedings, the passage of new laws, or any major decisions which affect either individuals, or society, must be made by a measured, defined, reasonable process that ensures the rights of the individuals involved. This methodical fashion of decision-making, with checks and balances on the rights of individuals and governments, is what is known as due process.

The last of the three criteria is encapsulated in the old adage that "the punishment should fit the crime." Otherwise, there may be equality before the law and due process, but the end results of these are completely out of proportion to the ills which society is attempting to correct (e.g. inflicting capital punishment for cases of petty theft). If such were the case, then certainly justice has not been established.