Md. Shawkat Alam Faisal

Justice is important to Islam, and its implementation is driven by the concepts of due process, fairness, and equality under the law. The Qur'an emphasizes the importance of justice being administered by legitimate authority and using legal means, rather than arbitrary or extrajudicial actions. Vigilantism, or "mob justice," in which groups take the law into their own hands, is strongly denounced in Islamic beliefs. It says in the Qur'an: "O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives" (Qur'an 4:135). This passage emphasizes the value of impartial justice, devoid of personal biases and society pressures.

Mob justice, according to Islamic law, is a violation of legal order since it bypasses the judicial system, which assures due process, fair hearing, and judgment by competent authorities. The Prophet Muhammad also highlighted the need of resolving disagreements peacefully and legally, cautioning against vigilanteism and violence. Even in times of severe wrath or irritation, the Qur'an promotes patience and commitment to justice, emphasizing forgiveness and discussion above vengeance (Qur'an 41:34).

Mob justice, on the other hand, continues to be a problem in modern Bangladesh. This trend is fueled by a number of causes, including inadequate institutional enforcement, a lack of trust in the judiciary, social inequities, and misinformation. According to Social Disorganisation Theory, when law enforcement and judicial systems are considered to be corrupt or ineffectual, communities frequently turn to vigilantism as a kind of swift, albeit illegal, justice. This approach has resulted in the terrible deaths of countless innocent people, including doctors, political activists, and marginalized members of society.

For example, recent attacks on physicians at Dhaka Medical College (DMCH), minority individuals who support India, politically biased teachers, and former fascist era leaders demonstrate the prevalence of mob violence. These episodes reflect society's rising discontent with perceived system inadequacies, but resorting to violence weakens the rule of law and fosters fear and insecurity. This environment may weaken trust in legal institutions and stall efforts to change the system.

In Islam, taking the law into one's own hands is strictly condemned, as Allah (SWT) is the ultimate and most unbiased judge. Muslims are exhorted as believers to embody the divine virtues of justice and fairness in their daily lives. Several of Allah's 99 names reflect His function as the ultimate arbitrator, such "Al-'Adl" (The Just) and "Al-Hakam" (The Judge), which highlight His utter impartiality and immaculate fairness. Allah demands that His creations, particularly those in positions of power or leadership, demonstrate fairness and justice in their interactions.

Furthermore, Islamic history is replete with examples of prophets and leaders who upheld justice. Prophet Muhammad (PBUH) was known for his persistent devotion to justice, as evidenced by countless Hadiths that emphasized equality and impartial judgment. Similarly, Prophet Sulayman (Solomon) was known as a king who made wise and just decisions. Umar ibn al-Khattab (RA), one of the most famous people after the Prophet, was given the moniker "Al-Faruq" (the one who distinguishes between truth and falsehood), indicating his strong sense of justice and capacity to make clear and fair judgments. He developed one of the first systematic legal systems in Islamic government, ensuring that justice was delivered based on truth rather than personal inclinations.

The Holy Qur'an expressly warns against causing disorder and violence, defining it as a bigger sin than murder. In Surah Al-Baqarah, Allah states, "And fitnah (chaos, disorder, or persecution) is worse than killing" (Qur'an 2:191). This emphasizes the gravity of inciting unrest and undermining society, which can have far-reaching consequences beyond individual acts of violence. Furthermore, Surah Al-Ma'idah states, "Whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely" (Qur'an 5:32). This passage emphasizes the sanctity of human life, stating that unjustly taking a life is equivalent to destroying all of humanity, whereas preserving one life is equivalent to saving all of humanity.

Islam is fundamentally a religion of peace, mercy, and compassion. It is not enough for Muslims to declare Islam peaceful. Many people of different faiths or backgrounds may not interact extensively with Islamic scriptures or teachings, instead depending on Muslims' actions and behaviors to shape their opinions. As Muslims, we must embrace the ideals of Islam via our deeds, serving as living models of its virtues. Prophet Muhammad highlighted the significance of moral behavior and character, saying, "The best among you are those who have the best manners and character" (Sahih al-Bukhari).

When Muslims engage in unethical or violent behavior, they risk damaging the image of Islam and perpetuating misconceptions about the faith. Our actions are the most effective representation of Islamic teachings, and they will help others grasp the true spirit of peace that Islam advocates. As a result, Muslims must engage in everyday practices of justice, compassion, and patience. Failure to do so damages individuals and tarnishes Islam's brand. As such, Muslims have a moral commitment to follow Islamic teachings, ensuring that their acts reflect the religion's benign message and contribute to a more harmonious world. Our sincerity and charity should show that Islam, when followed truly, leads to peace and unity.

Mob justice is a clear violation of Bangladesh's Constitution and international human rights agreements. Bangladesh's Constitution gives every citizen the right to life, liberty, and security, as well as the right to a fair trial under Articles 31, 32, and 35. Mob justice directly undermines these safeguards by circumventing the judicial system, denying individuals their access to due process. Bangladesh is also a signatory to several international human rights agreements, including the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to life (Article 6) and the right to be presumed innocent until proven guilty in a court of law (Article 14). The Universal Declaration of Human Rights (UDHR) establishes the presumption of innocent until proven guilty (Article 11). This idea is fundamental to any fair judicial system, guaranteeing that no one is punished without a thorough investigation, evidence, and conclusion.

The principle of "innocent until proven guilty" is vital to ensuring justice because it avoids arbitrary punishment and protects people from false charges. Mob justice not only violates this presumption, but it also endangers innocent people's lives, sometimes based on hearsay or false information. In the absence of a fair trial and comprehensive investigation, persons targeted by mob violence are denied the right to defend themselves or be judged impartially. Maintaining this legal threshold is critical in preventing miscarriages of justice and ensuring that no one is unfairly mistreated or killed without legal justification.

Efforts to address this issue in Bangladesh require a diversified approach. Deterring mob violence requires strengthening legal and law enforcement structures. Legal reforms, more judicial independence, and improved police performance are all critical steps toward restoring public trust in formal justice systems. Furthermore, public education programs focused at increasing knowledge about the perils of mob justice could serve to change public opinions and increase reliance on judicial systems.

In a broader social framework, Islamic principles can help promote justice through formal legal processes. Islamic leaders and educators can help to reduce the spread of mob violence by educating communities on the value of patience, discourse, and proper behavior, in accordance with both religious and legal norms. Addressing social and economic inequities, which frequently fuel public dissatisfaction, will also be critical in reducing the appeal of mob justice.

To summarize, while Islamic teachings explicitly prohibit mob justice, modern Bangladesh struggles with this issue due to poor institutional frameworks. Strengthening legal institutions, increasing public education, and drawing on Islamic values of justice can all assist to slow the spread of vigilantism and restore the rule of law.

The writer is an Apprentice Lawyer at the Bangladesh Bar Council.