Jazib Mehmood, Jamia Ahmadiyya International Ghana
The headline today featured on The Atlantic is titled “Biden’s Unpardonable Hypocrisy”. The President had affirmed on multiple instances that he was willing to abide by the results of the justice system as a matter of principle – a justice system that convicted his son of federal crimes among other charges. But in breaking his promise, and issuing a sweeping pardon of his son for any crimes he may have committed over an 11-year period, The Atlantic says that “Biden has revealed his pledge to have been merely instrumental.” (“Biden’s Unpardonable Hypocrisy”, www.theatlantic.com)
The legal troubles of Hunter Biden
When Hunter Biden was first convicted on three felony counts related to his purchase of a firearm in 2018, it was big news. It was the first time a child of a sitting US leader had ever been convicted of federal crimes. (“Hunter Biden: The struggles and scandals of the US president’s son”, www.bbc.com)
Shortly after the verdict was issued, President Joe Biden said in a rather admirable statement that he would accept the outcome and “continue to respect the judicial process as Hunter considers an appeal.” David Weiss, the prosecutor who has led the long-running investigation into the president’s son, also affirmed the sense of justice of the American system by saying that “No one in this country is above the law,” and that “everyone must be accountable for their actions.” (“President Joe Biden’s son, Hunter Biden, is convicted of all 3 felonies in federal gun trial”, www.apnews.com)
By the time Hunter was convicted on these felony counts, federal prosecutors had already charged him with evading £1.1m in tax payments, a second criminal case against the US president’s son. In September this year, he pled guilty to the nine-count indictment which accused him of failure to file and pay taxes, false tax return and evasion of assessment. (“Hunter Biden faces second federal indictment, this time on tax evasion”, www.bbc.com)
While this was obviously bad news for President Biden, it again inspired a sense of justice in the system – a “no one is above the law” sort of sentiment. This idea was further cemented by the President’s promise that he would not pardon his son. Government officials representing the president also made this abundantly clear and reaffirmed this stance of the president.
President Biden pardons his son
On 1 December 2024, the New York Times reported: “President Biden issued a full and unconditional pardon of his son Hunter on Sunday night after repeatedly insisting he would not do so, using the power of his office to wave aside years of legal troubles, including a federal conviction for illegally buying a gun and for tax evasion.” (“Biden Issues a ‘Full and Unconditional Pardon’ of His Son Hunter Biden”, www.nytimes.com)
This came as a surprise; Biden had “repeatedly” insisted he would not pardon his son. But with just 50 days left until Biden leaves office, the New York Times says that this is “a remarkable turnaround for a man whose presidency and five-decade career was built in part on the idea that he would never interfere with the administration of justice.” (Ibid.)
According to the President, he made the decision because the charges against Hunter were politically motivated and designed to hurt him politically. “The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election,” Mr. Biden said in the statement.
“No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son — and that is wrong.” He said that he still believed in the justice system, but added, “I also believe raw politics has infected this process and it led to a miscarriage of justice — and once I made this decision this weekend, there was no sense in delaying it further.” Biden said, “I hope Americans will understand why a father and a president would come to this decision.” (Ibid.)
Clemency or injustice?
While it is tough to say with any certainty what justice is when it comes to the complex and often bewildering twists and turns of American politics, it is abundantly clear that this is against any standard or metric of justice. The Atlantic, which has been somewhat kind to the president in the past, writes:
“It would be tempting, but unfair, to draw a simple equation between Joe Biden’s situational ethics and that of his successor. A willingness to evade the rule of law is the foundation of Donald Trump’s entire career in business and politics, not a nepotistic exception.
“Still, principles become much harder to defend when their most famous defenders have compromised them flagrantly. With the pardon decision, like his stubborn insistence on running for a second term he couldn’t win, Biden chose to prioritize his own feelings over the defense of his country.” (“Biden’s Unpardonable Hypocrisy”, www.theatlantic.com)
But what does Islam say?
The Islamic standard of justice
The first thing that comes to mind when you read about this case is the narration of an incident that happened nearly 1,400 years ago in the land of Arabia. The victory of Mecca was a momentous moment for the Muslims. The mere awe of ten thousand companions behind their master – the Holy Prophet Muhammadsa – would cause the Meccans to give up this sacred city.
This city and its inhabitants had caused the Holy Prophetsa to flee a decade earlier. Now, he returned as a king. During the journey of the conquest of Mecca, a woman called Fatima stole some jewellery. The Islamic punishment for stealing was the imputation of the hand.
But as this woman belonged to a respectable tribe, the fellow tribesmen became worried and sent Hazrat Usama bin Zaidra, a very dear person to the Holy Prophetsa with the recommendation to forgive this woman. When Hazrat Usamara stated his mission, the Holy Prophet’s face turned red with anger. It was clear that he did not appreciate the request for clemency.
In the evening the Holy Prophetsa addressed the people and said, “People before you were destroyed because they used to connive at the crime of theft committed by a respectable person and punish this crime if it was committed by an ordinary person. In the name of the Being Who controls my life, if Muhammad’s daughter Fatimah [the Holy Prophet’s own daughter] had committed theft, I would have cut her hand.” (Sahih al-Bukhari, Kitab al-maghazi, Bab, Hadith 4304)
This was the statement of the flagbearer of justice. At a time when he had complete autonomy, it would probably have been profitable to forgive this woman so that the influential tribe would owe him a favour. But the Holy Prophetsa would do no such thing. He would even make sure justice was meted out if his own daughter had been guilty of the crime.
Teaching of the Holy Quran
These are no mere words from the Holy Prophetsa. This is exactly the standard of justice the Holy Quran teaches Muslims. Allah the Almighty states:
“O ye who believe! be strict in observing justice, [and be] witnesses for Allah, even though it be against yourselves or [against] parents and kindred. Whether he be rich or poor, Allah is more regardful of them both [than you are]. Therefore follow not low desires so that you may [be able] to act equitably. And if you conceal [the truth] or evade [it], then [remember that] Allah is well aware of what you do.” (Surah an-Nisa, Ch.4: V.136)
Biden pardoning his own son and effectively shielding him from the American justice system goes completely against this commandment of the Holy Quran. Hazrat Mirza Masroor Ahmad, Khalifatul Masih Vaa states:
“In chapter 4, verse 136 the Holy Qur’an demands the very highest possible standards of justice. It requires that a Muslim should be willing to forgo all of their personal interests for the sake of the truth. Muslims are commanded to put aside their own desires or personal relationships and to be witnesses for the sake of Allah the Almighty.
“This verse instructs that a person must even be willing to testify against himself, his parents and his loved ones in order to establish justice. Islam teaches that a Muslim’s first loyalty must always be to the truth and so a person must never hide the facts or give false testimony.
“A person should not be governed by his own personal desires, as this leads to bias and prejudice and takes a person away from what is fair and what is right. This enlightened principle is the means to solve the problems of the world and to transform all forms of hatred into peace, tolerance and mutual respect.” (“Justice – The Prerequisite to a Peaceful World”, www.reviewofreligions.org)
Holy Prophetsa as an excellent judge
There are many other examples from the life of the Holy Prophetsa which show us exactly what the standard of justice should be in our lives. The Holy Prophet states, “No judge should deliver a verdict between the disputing parties while being in a state of anger.” (Sunan Abi Dawud, Kitab al-aqdiyah, Bab al-qadi yaqdi wa huwa gadhban, Hadith 3589)
Once, the Holy Prophetsa advised a judge, “When the disputing parties bring their cases before you, do not decide before listening to both the parties. Listen to the second party as you have listened to the first. This procedure is more appropriate as the decision would become clearer to you.” (Musnad Ahmad, Musnad Ali Ibn Abi Talib, Hadith 745)
Justice to family members
After the Battle of Badr, the uncle of the Holy Prophetsa Hazrat ‘Abbasra was amongst the non-believing prisoners who were captured. Hazrat ‘Abbasra started to groan with pain as the ropes were tied very tightly. This grieved the Holy Prophetsa a great deal and he was unable to sleep.
Somehow the Ansar came to know about it and loosened the ropes of Hazrat ‘Abbasra. When Huzoorsa realized this, he ordered the loosening of the ropes of all the prisoners, as it would not be fair otherwise. The Ansar, seeing the Holy Prophet’ssa love for his uncle suggested that Hazrat ‘Abbasra be released without ransom and set free.
But the Holy Prophetsa did not accept this offer and instead asked Hazrat ‘Abbasra to pay his ransom. Hazrat ‘Abbasra said that he was a Muslim and the non-believers of Mecca had forced him to accompany them. The Holy Prophetsa replied, “God knows best, if what you say is truth then He would reward you. In the present situation you are like the other prisoners who had come to attack us, so a ransom would have to be paid.” (Muhammad the Perfect Man, p. 632)
On one occasion some prisoners of war were brought to the Holy Prophet. Hazrat Fatimara requested him to give her a prisoner to serve as a domestic servant. The Holy Prophetsa said, “By God I cannot deprive Ahl-e-Suffah [the poor Companions who lived near the mosque] by allowing you a servant. These people are starving and have no money to feed themselves. I would sell these slaves and spend the money for Ahl-e-Suffah.” (Ibid., pp. 645-646)
Acting in this manner he favoured the poor Companions over his own daughter Hazrat Fatimahra and son-in-law Hazrat Alira and set an excellent example of justice.
Thus, as in all cases, the teachings of Islam are greatly pertinent in our modern world when it comes to navigating the complex demands of justice. It is impossible to stray from these demands of justice if the commandments of the Holy Quran and the magnificent example of the Holy Prophetsa are followed.