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Chapter 31. The Dishonest Judge

Allah Most High says,

And if any fail to judge by what Allah hath revealed, they are unbelievers. (AI-Maidah: 44)

And if any fail to judge by what Allah hath revealed, they are wrong-doers. (AI-Maidah: 45)

And if any do fail to judge by what Allah hath revealed, they are those who rebel. (AI-Maidah: 47)

In his Mustadrak, AI-Hakim reported on the authority of Talhah Ibn Ubaid Allah (may Allah be pleased with him) that the Prophet (pbuh) said,

"Verily, Allah never accepts the Prayer of a judge who judges with what Allah has not revealed.” [Hakim, Mustadrak]

AI-Hakim reported also in his Sahih on the authority of Brada, (may Allah be pleased with him) that the Messenger of Allah (pbuh) said, "The judges are of three types: One type will go to Paradise and the remaining two will end up in the fire of Hell. The judge who will go to Paradise is one who understands the truth and judges accordingly. One who judges unjustly after understanding the truth will go to Hell. Likewise, the judge who judges in ignorance also will go to Hell. The Companions then asked, “What is the guilt of the ignorant one?” He (pbuh) replied,

"Accepting the position of judge is his guilt until he gets a profound knowledge.” [Tirmidhi]

On the authority of Abu Hurairah that the Messenger of Allah (pbuh) said,

"Whoever is appointed to be a judge as if he is slaughtered without a knife.” [Tirmidhi]

AI-Fudail Ibn Eyad (may Allah bestow mercy on him) said, 'the judge should spend a day in his job and a day in weeping over his own self."

Muhammad Ibn Wasi (may Allah best our mercy on him) said,

"On the Day of Judgment, the first of men who will be called to account are the judges.”

Aishah (may Allah be pleased with her) said, "I heard the Messenger of Allah say,

"On the Day of Judgment, the just judge would face a great trial that he wishes if he were not appointed to judge between people even in the division of a palm-date.” [Ahmad]

Ali Ibn Abi Talib (may Allah be pleased with him) said, "I heard the Messenger of Allah (pbuh) say,

"On the Day of Judgment, no ruler or judge but be brought before Allah, Exalted and Dignified be He, over the Sirat, then his deeds will be made public. If he was just, Allah will save him. On the other hand, if he was unjust, the Sirat will strongly tremble to the extent that one's organs would be scattered, the distance between each organ would be such and such long and he will fall into Hell-Fire."

Makhul, moreover, said, "If I were to choose between holding the position of a judge and beheading, I would surely prefer beheading over holding this job."

Ayub Al-Sikhtiani further said, "The more knowledge the scholar get, the more their fear of holding the position of a judge increases."

Having told that Shuraih was appointed to be a judge, Al-Thawri commented, "They would corrupt the man."

It was narrated that Malik Ibn Al-Mundhir appointed Muhammad Ibn Wasi, to be the judge of Basra. When Muhammad objected, Malik warned him that he would flog him if he insisted on his objection. On hearing that Muhammad disclosed, "If you do, you will be a tyrannical ruler. However, I prefer humiliation in this world over the torment in the world to come."

Wahb Ibn Munabbih said, "The more just the ruler is, the more blessing on his people Allah will descend."

A worker wrote to Umar Ibn Abd AI-Aziz, "O Umar! The city of Hims has been destroyed and therefore it is in need of rebuilding." Umar (may Allah be pleased with him) replied, "Fortify it with justice and clean its roads from oppression."

However, the scholars of Islam state that the judge should not utter a judgment when he is angry, anxious or nervous. Furthermore, if a man of ignorance or immorality is appointed to be a judge, he should resign and leave the office.

Chapters

Chapter 1

Ascribing Associates To Allah, the Most High (Shirk)

Chapter 2

Killing A Human Being

Chapter 3

Sorcery

Chapter 4

Not Performing The Prayer

Chapter 5

Not Paying Zakat

Chapter 6

Breaking One's Fast During Ramadan Without An Excuse

Chapter 7

Not Performing the Hajj when Able to

Chapter 8

Showing Disrespect to One's Parents

Chapter 9

Severing the Ties of One's Relatives

Chapter 10

Adultery

Chapter 11

Sodomy

Chapter 12

Accepting Usurious Gain

Chapter 13

Wrong Consuming An Orphan's Property

Chapter 14

Lying About The Prophet

Chapter 15

Fleeing From The Battlefield

Chapter 16

The Leader Who Misleads His Followers, The Tyrant And The Oppressor

Chapter 17

Arrogance, Pride, Conceit, Vanity And Haughtiness

Chapter 18

Bearing False Witness

Chapter 19

Drinking Alcohol

Chapter 20

Gambling (qimar)

Chapter 21

Accusing A Woman Of Adultery

Chapter 22

Misappropriating Spoils Of War, Muslim Funds Or Zakat

Chapter 23

Theft

Chapter 24

Highwaymen Who Menace The Road

Chapter 25

The Engulfing Oath

Chapter 26

Taking People's Property Through Falsehood

Chapter 27

Collecting Taxes

Chapter 28

The Consumption of Haram

Chapter 29

Suicide

Chapter 30

Telling Lies

Chapter 31

The Dishonest Judge

Chapter 32

Bribery

Chapter 33

Women Imitating Men And Vice Versa

Chapter 34

The Pimp and the one Who Permits His Wife to Fornicate

Chapter 35

Marrying Solely To Return To The Previous Husband

Chapter 36

Not Freeing Oneself Of All Traces Of Urine

Chapter 37

Showing Off In Good Work

Chapter 38

Learning Sacred Knowledge For The Sake Of This World, Or Concealing It

Chapter 39

Breach of Trust

Chapter 40

Reminding Recipients of Ones Charity To Them

Chapter 41

Disbelieving In Destiny (qadar)

Chapter 42

Listening To People's Private Conversations

Chapter 43

The Talebearer Who Stirs Up Enmity Between People

Chapter 44

Cursing Others

Chapter 45

Breaking Promises or Pledges

Chapter 46

Believing Fortune Tellers And Astrologers

Chapter 47

Wife Rebelling Against Her Husband

Chapter 48

Picture Making