Quran enjoins that one should uphold justice under all circumstances, whether it be against the interest of one's parents or kith and kin.
It is not enough justice is done but it should appear to have been done. In this connection I shall narrate an incident during the caliphate of second Caliph Umar Farook. There was a dispute between Caliph Umar and Ubay Ibn Ka'b. Ubay filed a case against Calipha and Calipha appeared in the Court of ZaidIbn Sabith as defendent. Zaid showed special respect towards Calipha which was not liked by Umar. There was no evidence in the hands of Ubay to prove his case. Umar denied the allegations in the complaint of Ubay. However Ubay insisted that Calipha should take oath in support of his defence. Because of his respect towards Calipha, Zaid requested Ubay to relieve the Calipha from taking oath. Umar was very much annoyed and unhappy about his conduct and said to Zaid" If you are unable to treat Umar and a common man equally you are unfit to be a judge".
In all respects Zaid was a judge of integrity and good conduct and gave no room for any complaint from parties to litigation at any time. However Caliph Umar felt a Judge should be free from all blemishes and even this act of indiscretion on the part of Zaid is sufficient cause to remove him from the high office held by Zaid. Accordingly he ordered for removal of Zaid from the post of Judge.
In the modern democracy we find immunities given to persons of position in the administration of justice not only in matters of procedure but also from trying for offences. This certainly is opposed to the principle of equality before law and equal protection of law.
Ali, cousin and son-in-law of Prophet Muhammad succeeded Usman as the fourth Calipha. During his Caliphate there was a dispute between Ali and a Jew and Ali had to appear in Court as the plaintiff . In support of his case he himself gave evidence besides his son. Calipha could not produce any independent witnesses to prove his case. The judge considered the testimony of Calipha and his son was not sufficient to give an order in favour of Calipha in the absence of an independent witness. The judge decided the case against the Calipha and in favour of the Jew. Calipha Ali accepted the verdict with great respect though his case was true.
Jew was astonished at the impartiality and the independence of the Judge and came out of the court and conceded the truth of the case of the Calipha.