Abstract
The term “unfairness”, which is the title of this article, is used as equivalent to the concept of “oppression”, which means “placing something in a place that is not appropriate for it, or not giving it its due.” Because the topic of this article has been dealt with on the axis of “Kitāb al-Maẓālim”, which is the 46th chapter in al-Bukhari’s Sahih. The word “Maẓālim” is lexically the plural form of “maẓlima” which means “the right of the oppressed, or the thing about which a person complains to have been usurped from him.” Even though “maẓlima” refers to the general violation of rights among people, its plural form (maẓālim) has also functioned as the name of some special courts in the historical process. On the other side, “Kitāb al-mazālim” -in terms of being chapter title and content, as well as being in a hadith book- has an originality that belongs only to Bukhāri's Sahih. Moreover, the fact that this subject is included in the work of a scholar like al-Bukhari, who pays special attention to the arrangement of chapters, sections and organization of the hadiths, especially attracted scholarly interest and made it necessary to be an object of study. As a result of the study, it has been seen that the content of “maẓālim” has dimensions not only related to law, but also to creed, conscience, morality and virtue. In fact, al-Bukhari draws attention to this matter at this chapter’s first section (bāb) titled as “Qiṣāṣ al-Maẓālim.” Even though the title evokes the meaning of worldly retaliation, the hadith just below the title refers to the otherworldly reckoning, especially due to the injustices committed by the believers in their worldly life. In like manner in the second section (bāb) of the chapter while portraying the day of reckoning, the accountability of the believers is described as easy, while the accountability of unbelievers and hypocrites, who are characterized as “tyrants” by the testimony of the witnesses, are cursed. In some titles and content recorded afterwards, attitudes and behaviors based on morality and virtue are highlighted. In the remainder of the chapter, the topics and content focused on the people’s inner worlds and accountability in the hereafter stand out. On the other hand, it is seen in the chapter that a certain level of awareness is inculcated regarding the issue of not violating the rights of neighbors and public law, as well as the ability of the victim to take his right back with his own hand whenever he has the opportunity. With some titles, the message is given that some actions that may be perceived as unfair are not actually unfair. When “Kitāb al-Maẓālim” is studied holistically together with the title and the order of the hadiths, it offers a complete perspective on violations of rights, as mentioned above, with its dimensions related to creed, morality, virtue and law. Accordingly, believing in being held accountable before Allah in the Hereafter as well as morality and virtue in determining and distinguishing good and evil mentally and heartily, ensure that the faith in question is transformed into a lifestyle and conscious behavior, while the law ultimately prevents violations with its protective mechanisms. On the other side, the reward and sanction of faith, morality and virtue -although it is also related to the life of this world- are mostly left to the hereafter. The sanction and punishment of the law is quite mundane. In addition, internalizing and obeying the rules of law in Islamic understanding is closely related to having faith, morality and virtue.