The Office of the Judge (Kitab Al-Aqdiyah)

كتاب الأقضية

Chapter 1: Regarding Seeking Appointment As A Judge

Narrated Abu Hurayrah

The Prophet (ﷺ) said: He who has been appointed a judge has been killed without a knife.

Narrated Abu Hurayrah

The Prophet (ﷺ) said: He who has been appointed a judge among the people has been killed without a knife.

Chapter 2: Regarding The Judge Who Is Mistaken

Narrated Buraydah ibn al-Hasib

The Prophet (ﷺ) said: Judges are of three types, one of whom will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gives judgment for people when he is ignorant will go to Hell.

Abu Dawud said: On this subject this is the soundest tradition, that is, the tradition of Ibn Buraidah: Judges are of three types.

It was narrated that `Amr bin Al-`As said "The Messenger of Allah said

I narrated it to Abu Bakr bin Hazm and he said: "This is what Abu Salamah narrated to me from Abu Hurairah.

Narrated AbuHurayrah

The Prophet (ﷺ) said: If anyone seeks the office of judge among Muslims till he gets it and his justice prevails over his tyranny, he will go to Paradise; but the man whose tyranny prevails over his justice will go to Hell.

Ibn 'Abbas said

"If any do fail to judge (by the light of) what Allah has revealed, they are (no better than) unbelievers" up to "wrongdoers." These three verses were revealed about the Jews, particularly about Quraizah and al-Nadir.

Chapter 3: Regarding Seeking The Position Of Judge and Hastening To Accept That Position

AbdurRahman ibn Bishr al-Ansari al-Azraq said

Two men from the locality of Kindah came while AbuMas'ud al-Ansari was sitting n a circle. They said: Is there any man who decides between us. A man from the circle said: I, AbuMas'ud took a handful of pebbles and threw at him, saying: Hush! It is disapproved to make haste in decision.

Narrated Anas ibn Malik

The Prophet (ﷺ) said: If anyone desires the office of Judge and seeks help for it, he will be left to his own devices; if anyone does not desire it, nor does he seek help for it, Allah will send down an angel who will direct him aright.

Waki' said: (This tradition has also been transmitted) by Isra'il, from 'Abd al-A'la, from Bilal bin Abi Musa, from Anas, from the Prophet (ﷺ).

Abu 'Awanah said: from 'Abd al-A'la, from Bilal bin Mirdas al-Fazari, from Khaithamah al-Basri from Anas.

Abu Buradah reported the Prophet (ﷺ) as saying

"We will never employ or we shall not employ (the narrator is doubtful) in our work one who wants it."

Chapter 4: Regarding Bribery Being Disliked

Narrated Abdullah ibn Amr ibn al-'As

The Messenger of Allah (ﷺ) cursed the one who bribes and the one who takes bribe.

Chapter 5: Regarding gifts for workers

Narrated Adi ibn Umayrah al-Kindi

The Prophet (ﷺ) said: O people, if any of you is put in an administrative post on our behalf and conceals from us a needle or more, he is acting unfaithfully, and will bring it on the Day of Resurrection. A black man from the Ansar, as if I am seeing him, stood and said: Messenger of Allah, take back from me my post. He asked: What is that? He replied: I heard you say such and such. He said: And I say that. If we appoint anyone to an office, he must bring what is connected with it, both little and much. What he is given, he may take, and he must refrain from what is kept away from him.

Chapter 6: How to Judge

Narrated Ali ibn AbuTalib

The Messenger of Allah (ﷺ) sent me to the Yemen as judge, and I asked: Messenger of Allah, are you sending me when I am young and have no knowledge of the duties of a judge? He replied: Allah will guide your heart and keep your tongue true. When two litigants sit in front of you, do not decide till you hear what the other has to say as you heard what the first had to say; for it is best that you should have a clear idea of the best decision. He said: I had been a judge (for long); or he said (the narrator is doubtful): I have no doubts about a decision afterwards.

Chapter 7: Regarding the Judges judge when he is mistaken

Umm Salamah reported the Messenger of Allah (ﷺ) as saying

"I am only a human being, and you bring your disputes to me, some perhaps being more eloquent in their plea than others, so that I give judgement on their behalf according to what I hear from them. Therefore, whatever I decide for anyone which by right belongs to his brother, he must not take anything, for I am granting him only a portion of Hell.

Umm Salamah said

Two men came to the Messenger of Allah (ﷺ) who were disputing over their inheritance. They had no evidence except their claim. The Prophet (ﷺ) then said in a similar way. Thereupon both the men wept and each of them said: This right of mine go to you. The Prophet (ﷺ) then said: Now you have done whatever you have done ; do divide it up, aiming at what is right, then drew lots, and let each of you consider the other to have what is legitimately his"

Umm Salamah reported the Prophet (ﷺ) as saying when two men were disputing over inheritance and old things

I decide between you on the basis of my opinion in cases about which no revelation has been sent down to me.

Narrated Umar ibn al-Khattab

Umar said while he was (sitting) on the pulpit: O people, the opinion from the Messenger of Allah (ﷺ) was right, because Allah showed (i.e. inspired) him; but from us it is sheer conjecture and artifice.

Mu'adh bin Mu'adh said

Abu 'Uthman al-Shami, whose name is Hariz bin 'Uthman, told me. I think I did not see anyone from Syria better than him.

Chapter 8: How should the disputants sit before the judge

Narrated Abdullah ibn az-Zubayr

The Messenger of Allah (ﷺ) gave the decision that the two adversaries should be made to sit in front of the judge.

Chapter 9: A judge passing judgement while he is angry

'Abd al-Rahman bin Abi Bakrah reported on the authority of his father that he wrote to his son

The Messenger of Allah (ﷺ) said: A judge should not decide between the two while he is in anger.