JUSTICE M JAMEEL- A LEGACY OF INTEGRITY, COURAGE, AND DIVINE FAVOUR – BY A W A SALAM

The news of Justice M. Jameel’s demise on September 11, 2008, deeply saddened and shocked everyone, leaving a profound sense of loss.

Justice M. Jameel was a fearless and highly principled gentleman whose life was marked by a firm commitment to justice, profound humility, and devout faith.

A luminary of great renown, his wisdom shone brightly, yet he dwelt in quiet modesty.

It is most fitting to note that, whilst excelling in the learned craft of law and the noble art of judgment, he was also well-versed in the sacred teachings of Islamic jurisprudence.

As a career judge, he ascended through the judiciary with distinction, ultimately becoming the third Muslim to hold a prestigious position in the Supreme Court. Beyond his professional accomplishments, he was deeply admired for his piety, generosity, and dedication to serving humanity were truly remarkable.

 

His departure from this world was as extraordinary as his life. Justice Jameel passed away on a Friday, the 10th day of Ramzan, a day of immense spiritual significance in Islam. It is on the 10th day of the Holy Ramadan that the Mother of the Believers, Sayyidatunā Khadīja رضي الله عنها, passed away.

The writer of this account had the honor of being by the side of Justice Jameel during his final moments, witnessing him completing the obligatory Asar prayer with the assistance of a Moulavi from Kahataowita, shortly before the sun set and he breathed his last. According to the Islamic calendar, his passing occurred on Thursday after Maghrib, which marks the dawn of Friday.

The burial of Justice Jameel was an equally extraordinary event. His Janaza (funeral) prayer and interment were completed before Jummah (Friday congregational prayers) at approximately 10 A.M.

As his body was gently laid to rest, an unexpected and deeply moving event occurred. Despite the region enduring a relentless two-month-long drought, a gentle drizzle descended from the sky for precisely five minutes, coinciding with the closure of his grave.

To those present, this rain was no ordinary occurrence. It was universally regarded as a divine sign, symbolizing Allah’s ﷻ approval and acceptance of Justice Jameel’s virtuous life.

Such a profound and rare moment inspired reflection on the life and deeds of Justice Jameel. Those who knew him well highlighted several qualities that may have earned him this heavenly honor.

Unwavering Commitment to Justice
Justice Jameel was renowned for his impartiality, integrity, and fearless pursuit of truth. He upheld fairness in every judgment, often navigating complex and challenging cases with clarity and conviction.

A Life of Service
Beyond his official duties, he dedicated himself to helping those in need, offering guidance, support, and assistance to countless individuals and communities.

Spiritual Devotion
Justice Jameel’s life was deeply rooted in faith. He was consistent in his prayers, fasting, and acts of worship, embodying the essence of humility and kindness in both his personal and professional life.

One of Justice Jameel’s most enduring contributions to the judiciary was his landmark dissenting judgment in an important case, Azharghouse v. Mohamed Ghouse [Sri Lanka Law Reports 1986 – Volume 1, Page No – 48], concerning inheritance laws under Islamic jurisprudence. As a member of a divisional bench, Justice Jameel was tasked with

Addressing the question of whether an adopted child of Muslim parents inherits from the adoptive father, Justice Jameel made a landmark contribution.

While his colleagues leaned towards applying secular Roman-Dutch law, Justice Jameel firmly asserted that the laws of inheritance as prescribed in the Holy Quran are comprehensive and exhaustive. He stood firm and unwavering in his conviction that no secular law could supersede or supplement the divine provisions. [Subhanallah]

His judgment addressed whether adopted children under Sri Lanka’s Adoption Ordinance (Cap. 61) qualify as heirs under the Muslim Intestate Succession Ordinance (Cap. 62). The appellants contended that the Quranic principles and established Muslim law disqualify adopted children from inheritance, irrespective of their legal status as “children” under the Adoption Ordinance. The respondents, on the other hand, argued that adoption confers inheritance rights, citing the deeming provisions of the Ordinance.

Justice Jameel held that Muslim law, as codified under Cap. 62, governs inheritance for Muslims and does not recognize adopted children as heirs, reaffirming the supremacy of Quranic injunctions.

In his dissenting judgment, Justice Jameel concluded that adopted children do not qualify as heirs under Muslim law in Sri Lanka. The Quranic injunctions (Surah 33:4) clearly distinguish adopted sons from biological descendants, precluding inheritance rights.

The Adoption Ordinance, while conferring the status of a child in lawful wedlock, does not override Muslim-specific inheritance laws codified in Cap. 62. The appeals were upheld, and prior judgments favoring inheritance rights for adopted children were dismissed.

Though his opinion was initially in the minority, it was later upheld by the Supreme Court, reaffirming the primacy of Islamic law in matters of inheritance among Muslims. Justice Jameel’s courageous stance reflected his deep faith and unwavering commitment to upholding divine law, a principle he regarded as a sacred trust with eternal consequences.

This decision, like his life, was grounded in the Quranic injunctions outlined in Surah An-Nisa (Chapter 4: Verses 13-14), which emphasize the importance of adhering to Allah’s bounds in matters of inheritance. His judgment remains a testament to his integrity and dedication to aligning earthly justice with divine commandments.

All who were present at his funeral were of the firm view that the extraordinary events surrounding Justice Jameel’s passing—the timing, the significance of the day, and the gentle rain—serve as a reminder of the eternal truths of faith.

He passed away on a Friday. Scholars have described these moments as Husnul Khatimah (a beautiful ending), a reflection of a life lived in obedience to Allah ﷻ. and a reward for unwavering devotion to justice and morality.

It is appropriate to refer to some Hadiths regarding the honor of dying on a Friday. The honor of passing away on a Friday is supported by Hadiths in Islamic tradition. These narrations emphasize the spiritual significance of this day and the blessings associated with it for the deceased. Below are some authentic references:

From Abdullah ibn Amr (رضي الله عنه):
The Prophet Muhammad (ﷺ) said:
“There is no Muslim who dies on the day of Friday or the night of Friday but that Allah protects him from the trial of the grave.”
(Sunan al-Tirmidhi, Hadith 1074; graded Hasan)

“No Muslim dies on the day of Friday, nor the night of Friday, except that Allah protects him from the trials of the grave.”
(Musnad Ahmad, 6359)

Narrated by Abdullah bin Amr (رضي الله عنه):
The Prophet (ﷺ) said:
مَا مِنْ مُسْلِمٍ يَمُوتُ يَوْمَ الْجُمُعَةِ أَوْ لَيْلَةَ الْجُمُعَةِ إِلَّا وَقَاهُ اللَّهُ فِتْنَةَ الْقَبْرِ
“No Muslim dies on the day of Friday, nor the night of Friday, except that Allah protects him from the trials of the grave.”
(Sunan al-Tirmidhi, 994)

Jabir bin Abdillah (رضي الله عنه):
The Prophet (ﷺ) said:

“Whoever dies on the night of Friday or the day of Friday will be freed from the punishment of the grave, and on the Day of Judgment, will come with the signal of those who died as martyrs.”
(Hilyat al-Awliya’, 3:181)

Abdullah bin Amr (رضي الله عنه) narrated that the Prophet (ﷺ) said:
مَن مَاتَ يَوْمَ الْجُمُعَةِ أَوْ لَيْلَتَهَا غُفِرَ لَهُ
“Whoever dies on the day of Friday or its night, then he is forgiven (sins).”
(Mizan al-I’tidal, 4:299)

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Significance of Passing Away During Ramadan

In Islam, passing away during the blessed month of Ramadan is considered a sign of Allah’s ﷻ mercy and favor upon the deceased. The month of Ramadan holds immense spiritual significance, as it is a time of heightened worship, forgiveness, and blessings.

Below are some points highlighting the significance of dying during this sacred month:

1. Protection from Punishment in the Hereafter:
   It is narrated that during Ramadan, the gates of Paradise are opened, the gates of Hell are closed, and the devils are chained. This implies a period of immense mercy and reduced trials for the believers.

The Prophet Muhammad (ﷺ) said:

“When Ramadan begins, the gates of Paradise are opened, the gates of Hell are closed, and the devils are chained.”
(Sahih al-Bukhari, Hadith 1899; Sahih Muslim, Hadith 1079)

Passing away during this month may signify that the deceased has benefited from this mercy.

Forgiveness and Mercy

The month of Ramadan is known as the month of forgiveness, where Allah pardons sins for those who sincerely seek His mercy. Dying in this month may indicate that the person passed away in a state of Allah’s forgiveness.

Shahada (Martyrdom) Reward

Some scholars have likened dying in Ramadan to dying as a martyr due to the heightened blessings of the month.

A Blessed Ending

Dying during an act of worship or at a sacred time is often seen as a sign of a good ending (Husnul Khatimah). Ramadan, being the holiest month, amplifies this honor for a believer.

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Conclusion

Chapter 15 – Sahih al-Bukhari: Whoever fights so that Allah’s Word be superior
A man came to the Prophet (ﷺ) and asked, “A man fights for war booty; another fights for

“Fame and a third fights for showing off; which of them fights in Allah’s Cause?”
The Prophet (ﷺ) said, “He who fights that Allah’s Word (i.e., Islam) should be superior, fights in Allah’s Cause.”

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Narrated by Sulaiman bin Harb, from Shu’bah, from ‘Amr, from Abu Wa’il, from Abu Musa (رضي الله عنه):

A man came to the Prophet (ﷺ) and said, “A man fights for war booty, and another fights for showing off, and a third fights to be seen by others. So who fights in Allah’s Cause?”
The Prophet (ﷺ) said, “He who fights so that Allah’s Word (i.e., Islam) should be superior, fights in Allah’s Cause.”
(Sahih al-Bukhari, Hadith 2810)

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Dying During Ramadan

Dying during Ramadan is widely regarded as a sign of Allah’s ﷻ favor and mercy. It reflects the possibility of a spiritually elevated state due to the blessings, forgiveness, and mercy that pervade this holy month. However, ultimate judgment rests with Allah ﷻ, and these are hopeful signs that inspire Muslims to live righteously.

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Upholding Divine Justice in Inheritance: A Warning Against Transgression

Justice Jameel was revered for his steadfast commitment to justice and his refusal to simply align with the opinions of his fellow judges. He took deliberate steps to ensure that only those specifically identified by law and divine injunctions would inherit, which notably excluded an adopted child. Yet, many fail to grasp the gravity of this issue: willfully excluding rightful heirs—those who ought to be

Honoring Through Inheritance

Honoring through the sacred gesture of inheritance is far more perilous than it seems. Such actions not only contravene divine guidance but also invite severe consequences, both in this world and the Hereafter.

These individuals neither strive in the cause of Allah ﷻ nor make the necessary effort to respect the divine rules of inheritance. They risk exposing themselves to the severe consequences outlined in Surah An-Nisa (4:14), which states:

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By transgressing the limits set by Allah,
these individuals risk eternal consequences in the Hereafter.

The Quranic injunctions on inheritance are clear and unambiguous, and violating them is grave sin. Muslims are urged to respect and adhere to these divine rules, for they are not merely legal directives but an essential part of upholding justice in society and obedience to Allah’s will.

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Surah An-Nisa (4:14):

But whoever disobeys Allah and His Messenger and exceeds their limits will be cast into Hell, to stay there forever. And they will suffer a humiliating punishment.

The Consequences Justice Jameel Feared

These were the very consequences that Justice Jameel feared. Justice Jameel never regretted writing the dissenting judgment in the Ghouse case. He understood that his decision, which favored the adopted child, was rooted in his interpretation of justice and fairness. However, he also recognized that had he written a judgment that contradicted the teachings of the Holy Quran, particularly Quran 4:14, which states:

“And whoever disobeys Allah and His Messenger and transgresses His limits, He will put him into the Fire to abide therein,”

he could have faced significant consequences for not respecting the divine guidance.

Whether Justice Jameel is still among the living or dead is within the knowledge of Allah ﷻ, for it is stated in the Holy Quran in Surah Al-Baqarah (2:154):

The dissenting judgment of Justice Jameel was a careful reflection of both legal principles and his commitment to upholding the integrity of religious teachings.

The writer feels privileged to have had the opportunity to closely associate with Justice Jameel and was deeply moved to see him in the public gallery of the Court of Appeal, just eight months before his demise, on the occasion when I was accorded a ceremonial welcome.

The presence of Justice Jameel remains a profound and humbling experience for me, underscoring the deep respect and admiration held for him.

May Justice Jameel’s legacy inspire us to embody the principles of integrity, service, and faith in our own lives. May Allah ﷻ grant him the highest rank in Jannah and continue to guide and uplift those who follow his noble example. Ameen.