The Chapters on Rulings

كتاب الأحكام

Chapter 1: Mention Of Judges

It was narrated from Abu Hurairah that the Prophet (ﷺ) said

“Whoever is appointed judge between the people, he has been slaughtered without a knife.”

It was narrated from Anas bin Malik that the Messenger of Allah (ﷺ) said

“Whoever asks to be appointed a judge, will be entrusted to himself, but “Whoever asks to be appointed a judge, will be entrusted to himself, but whoever is forced to accept position, an angel will come down to him and guide him.' ”

It was narrated that 'Ali said

“The Messenger of Allah (ﷺ) sent me to Yemen. I said: 'O Messenger of Allah, you are sending me to judge between them while I am a young man, and I do not know how to judge.' He struck me on the chest with his hand and said: 'O Allah, guide his heart and make his tongue steadfast.' And after that I never doubted in passing judgment between two people.”

Chapter 2: Emphatic Prohibition against Injustice and Bribery

It was narrated that 'Abdullah said

“The Messenger of Allah (ﷺ) said: “There is no judge who judges between the people but on the Day of Resurrection an angel will come and take hold of the back of his head towards the sky and if it said: “Throw him, “he will throw into an abyss the depth of forty autumns (years).' ”

It was narrated from 'Abdullah bin Abu Awfa that the Messenger of Allah (ﷺ) said

“Allah is with the judge so long as he is not unjust, but if he rules unjustly, He entrusts him to himself.”

It was narrated from 'Abdullah bin 'Amr that the Messenger of Allah (ﷺ) said

“The curse of Allah is upon the one who offers a bribe and the one who takes it.”

Chapter 3: When The Judge Does His Best (To Reach A Verdict) And Gets It Right

It was narrated from 'Amr bin 'As that he heard the Messenger of Allah (ﷺ) say

“When the judge passes a judgement and does his best and gets it right, he will have two rewards, and if he passes a judgement and does his best and gets it wrong, he will have one reward.” (Sahih)Yazid (one of narrators) said : “So I Narrated it to Abu Bakr bin 'Amr bin Hazm. He said: 'This is how it was narrated to me by Abu Salamah from Abu Hurairah.'”

Abu Hashim said

“Were it not for the Hadith of Ibn Buraidah from his father, from the Prophet (ﷺ) who said: 'Judges are of three types, two of whom will be in Hell and one will be in Paradise. The man who knows the truth and rules in accordance with it, will be in Paradise. The man who passes judgment on the people in ignorance will be in Hell' - we would have said that if the judge does his best he will be in Paradise.”

Chapter 4: The judge Should Not Pass A Judgment When He Is Angry

It was narrated from 'Abdul-Malik bin 'Umair that he heard 'Abdur-Rahman bin Abu Bakrah (narrate) from his father that the Messenger of Allah (ﷺ) said

“Let the judge (Qadi) not pass a judgment when he is angry.”

Chapter 5: The Ruling Of A judge Does Not Make What Is Permissible Forbidden

It was narrated from Umm Salamah that the Messenger of Allah (ﷺ) said

“You refer your disputes to me and I am only human. Perhaps some of you may be more eloquent in presenting your case than others, so I rule in your favor because of what I hear from you. If I pass a judgement in favor of one of you that detracts from his brother's rights, then he should not take it, because it is a piece of fire that is given to him which he will bring forth on the Day Resurrection.”

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said

“I am only human, and some of you may be more eloquent in presenting your case than others. If I pass a judgement in his favor that detracts from his brother's rights, I am giving him a piece of fire.”

Chapter 6: One Who Claims Something Does Not Belong To Him And Disputes About It

It was narrated from Abu Dharr that he heard the Messenger of Allah (ﷺ) say

“Whoever claims something that does not belong to him; he is not one of us, so let him take his place in Hell.”

It was narrated from Ibn 'Umar that the Messenger of Allah (ﷺ) said

“Whoever takes the wrongdoer's side in a dispute or supports wrongdoing, he will remain subject to the wrath of Allah until he gives it up.”

Chapter 7: The Burden Of Proof Rests With The Plaintiff And An Oath Is Required From The One The Cla

It was narrated from Ibn 'Abbas that the Messenger of Allah (ﷺ) said

“If the people were given what they claimed, some would have claimed the lives and property of men. But the one the claim is made against is obliged to swear an oath.”

It was narrated that Ash'ath bin Qais Said

“There was a dispute between myself and a Jewish man concerning some land, and he denied me my rights so I brought him to the Prophet (ﷺ). The Messenger of Allah (ﷺ) said to me: 'Do you have proof' I said: 'No.’ He said to the Jews, 'Swear an oath.' I said: 'If he swears an oath he will take my property.' Then Allah, Glorious is He, revealed: 'Verily, those who purchase a small gain at the cost of Allah's covenant and their oaths, they shall have no portion in the Hereafter (Paradise). Neither will Allah neither speak to them nor look at them on the Day of Resurrection nor will He purifies them, and they shall have a painful torment.'”

Chapter 8: Who Swears A False Oath In Order To Seize Wealth Unlawfully

It was narrated from 'Abdullah bin Mas'ud that the Messenger of Allah (ﷺ) said

“Whoever swears a false oath in order to seize the wealth of a Muslim unlawfully, he will meet Allah when He is angry with him.”

Abu Umamah Al-Harithi narrated that he heard the Messenger of Allah (ﷺ) say

“No man seizes the wealth of a Muslim unlawfully by means of his (false) oath, but Allah will deny Paradise to him and will doom him to Hell.” A man among the people said: “O Messenger of Allah, even if it is something small?” He said: “Even if it is a twig of an Arak tree.”

Chapter 9: Swearing An Oath At The Time Of Usurping People's Rights

It was narrated from Jabir bin 'Abdullah that the Messenger of Allah (ﷺ) said

'Whoever swears a false oath near this pulpit of mine, let him take his place in Hell, even if it is for a green twig.”

Muhammad bin Yahya, who is Abu Yunus Al-Qawi, said

I heard Abu Salamah say: I heard Abu Hurairah say: “The Messenger of Allah (ﷺ) said: 'No man or woman swears a false oath beside this pulpit, even if it is for a fresh twig, but he will be doomed to Hell.”