Judgments (Ahkaam)

كتاب الأحكام

Chapter 12: A governor can sentence to death a person without consulting the Imam

Narrated Abu Musa

A man embraced Islam and then reverted back to Judaism. Mu`adh bin Jabal came and saw the man with Abu Musa. Mu`adh asked, "What is wrong with this (man)?" Abu Musa replied, "He embraced Islam and then reverted back to Judaism." Mu`adh said, "I will not sit down unless you kill him (as it is) the verdict of Allah and His Apostle.

Chapter 13: Can a judge give a judgement in an angry mood?

Narrated `Abdur Rahman bin Abi Bakra

Abu Bakra wrote to his son who was in Sijistan: 'Do not judge between two persons when you are angry, for I heard the Prophet (ﷺ) saying, "A judge should not judge between two persons while he is in an angry mood."

Chapter 16: When is a man entitled to be a judge?

Al -Hasan said: God has taken the rule that they will not follow the passion, and do not fear the people {and do not buy it with me. In the land, you will be among people with the right, and do not follow the passion, so it will be misled by the path of God اللَّهِ لَهُمْ عَذَابٌ شَدِيدٌ بِمَا نَسُوا يَوْمَ الْحِسَابِ}، وَقَرَأَ: {إِنَّا أَنْزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُوا لِلَّذِينَ هَادُوا وَالرَّبَّانِيُّونَ وَالأَحْبَارُ بِمَا اسْتُحْفِظُوا} اسْتُودِعُوا {مِنْ كِتَابِ اللَّهِ وَكَانُوا عَلَيْهِ شُهَدَاءَ فَلاَ تَخْشَوُا النَّاسَ وَاخْشَوْنِ وَلاَ تَشْتَرُوا بِآيَاتِي ثَمَنًا قَلِيلاً وَمَنْ لَمْ He is governed by what God has revealed, for those who are the disbelievers. They witnessed, so we understood it, Solomon, and we did not come to judgment and knowledge. Come, for it is the one who has done this with his knowledge and excused this with his dullness. Muzahim bin Zafir said: “Umar ibn Abd al -Aziz” said: In order, a scientist is questioned about science.

Chapter 17: The salaries of rulers and those employed to administer the funds

The Shariq al -Qadi was taking a reward. Aisha said that the commander eats the destiny of his workers, and Abu Bakr and Omar eaten.
Narrated 'Abdullah bin As-Sa'di

That when he went to 'Umar during his Caliphate. 'Umar said to him, "Haven't I been told that you do certain jobs for the people but when you are given payment you refuse to take it?" 'Abdullah added: I said, "Yes." 'Umar said, "Why do you do so?" I said, "I have horses and slaves and I am living in prosperity and I wish that my payment should be kept as a charitable gift for the Muslims." 'Umar said, "Do not do so, for I intended to do the same as you do. Allah's Messenger (ﷺ)s used to give me gifts and I used to say to him, 'Give it to a more needy one than me.' Once he gave me some money and I said, 'Give it to a more needy person than me,' whereupon the Prophet (ﷺ) said, 'Take it and keep it in your possession and then give it in charity. Take what ever comes to you of this money if you are not keen to have it and not asking for it; otherwise (i.e., if it does not come to you) do not seek to have it yourself.' "

Chapter 18: Whoever gave judgements of Li'an in the mosque

And Omar was cursed when the Prophet of the Prophet, may God’s prayers and peace be upon him. Sherih and the Shaabi spent and revived the son of Yammar in the mosque, and Marwan made a time for Zaid Bin Thabet in the right of the people. Al -Hasan and Zararah ibn Wafi were spent in the companionship outside the mosque.
Narrated Sahl bin Sa`d

I witnessed a husband and a wife who were involved in a case of Lian. Then (the judgment of) divorce was passed. I was fifteen years of age, at that time.

Chapter 20: The advice of the Imam to the litigants

Narrated Um Salama

Allah's Messenger (ﷺ) said, "I am only a human being, and you people (opponents) come to me with your cases; and it may be that one of you can present his case eloquently in a more convincing way than the other, and I give my verdict according to what I hear. So if ever I judge (by error) and give the right of a brother to his other (brother) then he (the latter) should not take it, for I am giving him only a piece of Fire." (See Hadith No. 638, Vol. 3).

Chapter 21: If a judge has to witness in favour of a litigant

Sherih al -Qadi said, and the human being asked him, so the prince said that I would testify to you. And Akrama said that Omar said to the servant of the Most Merciful, Bin Awf, if you saw a man on a limit of adultery or stealing Yen. You said. Omar said, if not for people to say, Omar increased in the Book of God. I wrote the verse of the pod in my hand. And I approved a goat at the Prophet, may God’s prayers and peace be upon him, four for four, so he commanded his shame, and he did not remember that the Prophet is peace. Hammad said when he acknowledged once when the referendum was a ritual. The rule said four.
Narrated `Ali bin Husain

Safiya bint (daughter of) Huyai came to the Prophet (in the mosque), and when she returned (home), the Prophet (ﷺ) accompanied her. It happened that two men from the Ansar passed by them and the Prophet called them saying, "She is Safiya!" those two men said, "Subhan Allah!" The Prophet (ﷺ) said, "Satan circulates in the human body as blood does."

Chapter 2: The rulers from the Quraish

Narrated Muhammad bin Jubair bin Mut`im

That while he was included in a delegation of Quraish staying with Muawiya, Muawiya heard that `Abdullah bin `Amr had said that there would be a king from Qahtan tribe, whereupon he became very angry. He stood up, and after glorifying and praising Allah as He deserved, said, "To proceed, I have come to know that some of you men are narrating things which are neither in Allah's Book, nor has been mentioned by Allah's Messenger (ﷺ) . Such people are the ignorant among you. Beware of such vain desires that mislead those who have them. I have heard Allah's Messenger (ﷺ) saying, 'This matter (of the caliphate) will remain with the Quraish, and none will rebel against them, but Allah will throw him down on his face as long as they stick to the rules and regulations of the religion (Islam).'"

Narrated Ibn `Umar

Allah's Messenger (ﷺ) said, "This matter (caliphate) will remain with the Quraish even if only two of them were still existing."

Chapter 4: To listen to and obey the Imam

Narrated `Abdullah

The Prophet (ﷺ) said, "A Muslim has to listen to and obey (the order of his ruler) whether he likes it or not, as long as his orders involve not one in disobedience (to Allah), but if an act of disobedience (to Allah) is imposed one should not listen to it or obey it. (See Hadith No. 203, Vol. 4)

Chapter 5: Allah will surely help him in ruling who….

Narrated `Abdur-Rahman bin Samura

The Prophet (ﷺ) said, "O `Abdur-Rahman! Do not seek to be a ruler, for if you are given authority on your demand then you will be held responsible for it, but if you are given it without asking (for it), then you will be helped (by Allah) in it. If you ever take an oath to do something and later on you find that something else is better, then you should expiate your oath and do what is better."

Chapter 10: To give judgements and legal opinions on the road

Yahya Bin Yaram is in the way. The people spent on the door of his house.
Narrated Anas bin Malik

While the Prophet (ﷺ) and I were coming out of the mosque, a man met us outside the gate. The man said, "O Allah's Messenger (ﷺ)! When will be the Hour?" The Prophet (ﷺ) asked him, "What have you prepared for it?" The man became afraid and ashamed and then said, "O Allah's Messenger (ﷺ)! I haven't prepared for it much of fasts, prayers or charitable gifts but I love Allah and His Apostle." The Prophet (ﷺ) said, "You will be with the one whom you love."

Chapter 11: There was no gatekeeper for the Prophet (saws)

Narrated Thabit Al-Bunani

Anas bin Malik said to a woman of his family, "Do you know such-and-such a woman?" She replied, "Yes." He said, "The Prophet (ﷺ) passed by her while she was weeping over a grave, and he said to her, 'Be afraid of Allah and be patient.' The woman said (to the Prophet). 'Go away from me, for you do not know my calamity.'" Anas added, "The Prophet (ﷺ) left her and proceeded. A man passed by her and asked her, 'What has Allah's Messenger (ﷺ) said to you?' She replied, 'I did not recognize him.' The man said, 'He was Allah's Messenger (ﷺ)."' Anas added, "So that woman came to the gate of the Prophet (ﷺ) and she did not find a gate-keeper there, and she said, 'O Allah's Messenger (ﷺ)! By Allah. I did not recognize you!' The Prophet said, 'No doubt, patience is at the first stroke of a calamity.'"

Chapter 13: Can a judge give a judgement in an angry mood?

Narrated Abu Mas`ud Al-Ansari

A man came to Allah's Messenger (ﷺ) and said, "O Allah's Messenger (ﷺ)! By Allah, I fail to attend the morning congregational prayer because so-and-so (i.e., Mu`adh bin Jabal) prolongs the prayer when he leads us for it." I had never seen the Prophet (ﷺ) more furious in giving advice than he was on that day. He then said, "O people! some of you make others dislike (good deeds, i.e. prayers etc). So whoever among you leads the people in prayer, he should shorten it because among them there are the old, the weak and the busy (needy having some jobs to do). (See Hadith No. 90, Vol. 1)

Narrated `Abdullah bin `Umar

That he had divorced his wife during her menses. `Umar mentioned that to the Prophet. Allah's Apostle became angry and said, "He must take her back (his wife) and keep her with him till she becomes clean from her menses and then to wait till she gets her next period and becomes clean again from it and only then, if he wants to divorce her, he may do so."

Chapter 19: Passing judgement in the mosque and ordering the punishment outside the Mosque

Omar said that he was brought out from the mosque. He set it up. And he remembers on the authority of it.
Narrated Abu Huraira

A man came to Allah's Messenger (ﷺ) while he was in the mosque, and called him, saying, "O Allah's Apostle! I have committed illegal sexual intercourse." The Prophet (ﷺ) turned his face to the other side, but when the man gave four witnesses against himself, the Prophet (ﷺ) said to him, "Are you mad?" The man said, "No." So the Prophet (ﷺ) said (to his companions), "Take him away and stone him to death. "

(continued from above)Narrated Jabir bin Abdullah

I was one of those who stoned him at the Musalla in Al-Madina (See Hadith 5272).

Chapter 26: ‘Urafa appointed to look after the people

Narrated `Urwa bin Az-Zubair

Marwan bin Al-Hakam and Al-Miswar bin Makhrama told him that when the Muslims were permitted to set free the captives of Hawazin, Allah's Messenger (ﷺ) said, "I do not know who amongst you has agreed (to it) and who has not. Go back so that your 'Urafa' may submit your decision to us." So the people returned and their 'Urafa' talked to them and then came back to Allah's Messenger (ﷺ) and told him that the people had given their consent happily and permitted (their captives to be freed).

Chapter 34: The most quarrelsome person of the opponents

He is the always in the special. {Ledly}.
Narrated `Aisha

Allah's Messenger (ﷺ) said, "The most hated person in the sight of Allah, is the most quarrelsome person."

Chapter 35: If a judge passes an unjust judgement

Narrated Ibn `Umar

The Prophet (ﷺ) sent (an army unit under the command of) Khalid bin Al-Walid to fight against the tribe of Bani Jadhima and those people could not express themselves by saying, "Aslamna," but they said, "Saba'na! Saba'na! " Khalid kept on killing some of them and taking some others as captives, and he gave a captive to everyone of us and ordered everyone of us to kill his captive. I said, "By Allah, I shall not kill my captive and none of my companions shall kill his captive!" Then we mentioned that to the Prophet (ﷺ) and he said, "O Allah! I am free from what Khalid bin Al-Walid has done," and repeated it twice.