Islam Guidance

Essential Elements for the Establishment of a Just Social System

Essential Elements for the Establishment of a Just Social System

Everybody by nature wants his life to be as successful and fruitful as possible. Everybody is keen to lead the most successful life and tries his best to achieve this end. In this all‑round struggle there is a possibility that two or more persons may try to grab at a particular advantage. They may come to a clash, unless there are some rules to regulate their conduct and to define their limits.

 To avoid possible clashes and ensuing strifes, the only remedy is to lay down definite rules and to prescribe clear limits so that everybody may be bound to abide by them. What determines these limits is called Law.

 Law

Law is a body of definite rules and regulations which have the force and authority recognized socially, and which determine the rights, obligations, limits and responsibilities of everyone living in a particular territory. All, whether high or low, have to abide by these rules and regulations and to accept the consequences of violating them.

 Sources of Law

Who fixes these rights, obligations and limits?

In this respect all the laws of the world are not alike. Each one of them has been set forth by a particular source. From the point of view of its sources the law can be divided into four categories:

(1) Individualistic despotic law,

(2) Class despotic law,

(3) National law; and

(4) Ideological universal law.

(1) Individualistic despotic law: This kind of law normally originates from the will and desire of a powerful individual who according to his own views and whims formulates rules and regulations and, taking advantage of his position, enforces them. It is natural that such a law should normally aim at meeting the aspirations of that powerful individual and his close aides, and not at safeguarding the interests of the masses. In some exceptional circumstances, if that powerful man or any of his aides is endowed with a spirit of service or if their own interests demand so, they may consider the interests of the people also. It is also possible that in some cases their private interests may conform to those of the common people.

(2) Class despotic law: Sometimes the law originates not from the will of an individual or a group, but from that of a class, controlling the society, such as the land‑lords, the capitalists or the workers.

This kind of law also usually tends to meet the aspirations of the class in power, except in the cases where its interests conform to those of others.

(3) National law: The law which originates from the will of a nation or at least the majority of it and not from that of an individual or a class, is called the National Law. The following points may be noted in regard to it.

(a) The national law of an advanced society generally seeks to meet the maximum interests of that society or its majority. It is immaterial whether it is in keeping with the general interests of humanity or not.

Historical experience shows that the societies and the nations enjoying the so‑called national government have practically become the natural pivots of the world and have harnessed everything in it for their own welfare and comfort. It is very seldom that at the time of framing a law or implementing it they may take the interests and the desires of the human society as a whole into consideration.

(b) The national law having its origin in the desire of the majority, naturally represents its views. Here the question arises:

Does the opinion of the majority always conform to the real interests of the nation?

Practical experience shows that if the law is based merely on the opinion of the majority, in many cases it causes irreparable damage to the majority itself and often drags the nation to social and moral decay.

Living examples of such decay can be found among many existing societies enjoying the so‑called national govern­ment, especially among those which are industrially advanced. In these societies the governments usually try to follow the opinions of those segments by the votes of which they may come to power or may continue to be in power, howsoever harmful or vulgar these opinions may be.

(c) The claim of all or most of the societies which boast of having a national government and a national law is more or less hollow and misleading. A deeper analysis will show that it is only a class or individual despotism which is being displayed under the facade of national government and national law.

(4) Ideological and universal law: It originates from an ideology which is keen to look after the interests of all the people of the world and not those of any particular nation, class, group or individual. It attaches foremost importance to the clear and definite principles whose worth has been proved and which have been acknowledged as true by the people of the territories where it is enforced. It is not subservient to the will of any majority.

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