The Offices of Commander and Qadi
كتاب الإمارة والقضاء
Chapter 1: Section 1
‘Abd ar-Rahman b. Samura told that God’s Messenger said to him, “Do not ask for the position of commander, for if you are given it after asking you will be left to discharge it yourself; but if you are given it without asking you will be helped to discharge it.” (Bukhari and Muslim.)
‘Abdallah b. ‘Umar reported God’s Messenger as saying, “Each of you is a shepherd and each of you is responsible for his flock. The imam who is over the people is a shepherd and is responsible for his flock; a man is a shepherd in charge of the inhabitants of his household and he is responsible for his flock; a woman is a shepherdess in charge of her husband’s house and children and she is responsible for them; and a man’s slave is a shepherd in charge of his master’s property and he is responsible for it. So each of you is a shepherd and each of you is responsible for his flock.” (Bukhari and Muslim.)
He told that he heard God’s Messenger say, “Anyone who is asked by God to take charge of subjects and does not protect them with good counsel will not smell the fragrance of paradise.” (Bukhari and Muslim.)
‘A’idh b. ‘Amr told that he heard God’s Messenger say, “The worst shepherds are those who are ungentle.” Muslim transmitted it.
Chapter 2: Section 2
Ka'b b. ‘Ujra told that God's Messenger said to him, “I commend you to God to protect you from the ruler ship of the foolish.” He asked what that was, and God’s Messenger replied, “After my time governors will arise whose falsehood will be believed and who will be assisted in their oppression by those who enter their presence. They have nothing to do with me and I have nothing to do with them, and they will never come down to me at the Pond. But they who do not enter their presence, believe their falsehood and help them in their oppression, those belong to me and I belong to them, and those ones will come down to me at the Pond.”* Tirmidhi and Nasa’i transmitted it.* This is the tank or pool at which believers will drink on the day of resurrection.
‘Uqba b. ‘Amir reported God’s Messenger as saying, “Sahib maks, meaning one who tithes people, will not enter paradise.” Ahmad, Abu Dawud and Darimi transmitted it.
He reported God’s Messenger as saying, “The most excellent jihad is when one speaks a true word in the presence of a tyrannical ruler.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it, and Ahmad and Nasa‘i transmitted it on the authority of Tariq b. Shihab.
Mu'awiya told that he heard God’s Messenger say,” When you look into people’s secrets you corrupt them.”* Baihaqi transmitted it in Shu'ab al-iman.* This is a prohibition of delving into other people’s affairs and disclosing things which should not be disclosed, as this makes life difficult for them. It is the same idea as in the previous tradition.
Chapter 3: Section 3
seeking rain by the stars,*the injustice of the ruler, and denial of God's decree.”Ahmad.*This is a reference to the pre-Islamic habit of attributing rain to certain seasons and saying the rain came to them because of a certain star, whereas Muslims ought to recognize that rain comes by God’s favour.
Chapter 6: The Duty of Rulers to make Things Easy - Section 3
When 'Umar b. al-Khattab sent out his governors he laid on them the condition that they should not ride a horse not of Arabian breed,* or eat white bread, or wear fine clothing, or shut their gates against the needs of the people, telling them that if they did any of these things punishment would befall them. Then he would accompany them some distance. Baihaqi transmitted in Shuab al iman.* Birdhaun. This word is used of a horse of poor breed, a horse not of Arab breed, or more specifically a Turkish horse. It is suggested that the reason for the wording is to warn governors against riding horses, this being a sign of pride. Prohibiting a breed considered second-rate makes it obvious that to ride horses of the best Arab breed would be even a greater sign of pride.
Chapter 8: How to Conduct the Office of Qadi, and Fear of it - Section 2
We shall mention Umm Salama's tradition, “I judge between you only by my opinion", in the chapter on cases and depositions,* if God most high will.
Buraida reported God’s Messenger as saying, "Qadis 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 and Ibn Majah transmitted it.
Abu Huraira reported God’s Messenger as saying, “If anyone seeks the office of qadi 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." Abu Dawud transmitted it.
Mu'adh b. Jabal told that when God’s Messenger sent him to the Yemen he asked him how he would judge when the occasion arose, and he replied that he would judge in accordance with God’s Book. He asked what he would do if he could not find guidance in God’s Book, and he replied that he would act in accordance with God’s Messenger’s sunnah. He asked what he would do if he could find no guidance in God’s Messenger’s sunnah, and he replied that he would do his best to form an opinion and spare no pains. God’s Messenger then tapped him on the breast and said, “Praise be to God who has disposed His Messenger’s Messenger to something with which God’s Messenger is pleased!" Tirmidhi, Abu Dawud and Darimi transmitted it.
Chapter 9: How to Conduct the Office of Qadi, and Fear of it - Section 3
Said b. al-Musayyib told that a Muslim and a Jew brought a dispute before ‘Umar, and as he considered the Jew was in the right he pronounced judgment in his favour; but when the Jew said, “I swear by God that you have pronounced just judgment,” he struck him with the whip and asked him what caused him to know that. The Jew replied, “I swear by God that we find in the Torah that no qadi judges rightly without having an angel at his right hand and an angel at his left who direct him and dispose him to what is right as long as he adheres to the right; but when he abandons the right they ascend and leave him.” Malik transmitted it.
Chapter 10: Provisions and Presents for Rulers - Section 1
Abu Huraira reported God's Messenger as saying, “What I give you and do not withhold from you I am just distributing, putting it where I have been commanded." Bukhari transmitted it.
Khaula al-Ansariya reported God’s Messenger as saying, “Men will unjustly acquire for themselves property which belongs to God, and on the day of resurrection they will go to hell." Bukhari transmitted it.
Chapter 11: Provisions and Presents for Rulers - Section 2
God’s Messenger sent me to the Yemen, but when I set off he sent after me and I was brought back. He then said, “Do you know why I sent for you? Do not take anything without my permission, for it is unfaithful dealing, and he who acts unfaithfully will come on the day of resurrection with the unfaithful deeds he has done. This is why I called you. Now go off to your task." Tirmidhi transmitted it.
'Abdallah b. ‘Amr told that God’s Messenger cursed the one who bribes and the one who takes bribes. Abu Dawud and Ibn Majah transmitted it. Tirmidhi transmitted it on ‘Abdallah’s authority and on that of Abu Huraira. Ahmad and Baihaqi, in Shu'ab al-iman, transmitted it on the authority of Thauban, who added that the raish is the go-between regarding a bribe.
Chapter 13: Cases and Depositions - Section 1
Ibn ‘Abbas reported the Prophet as saying, “If people were given what they asked when they brought a case some would claim the lives and property of others; but the oath must be taken by the defendant.” Muslim transmitted it. In the commentary on his work by Nawawi it says that in Baihaqi’s version with an isnad which is hasan or sahih there is an addition on the authority of Ibn ‘Abbas which is traced to the Prophet, “But the proof lies on the plaintiff and the oath must be taken by him who rejects the claim.”
Umm Salama reported God’s Messenger 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 judgment 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, for I am granting him only a portion of hell.” (Bukhari and Muslim.)