The Offices of Commander and Qadi
كتاب الإمارة والقضاء
Chapter 3: Section 3
Abud Darda’ reported God’s Messenger as saying that God most high says, "I am God than whom there is no god, Master of kings, King of kings, in whose hands are the hearts of kings. When men obey me I turn the hearts of kings to them with mercy and gentleness, but when they disobey me I turn their hearts against them with displeasure and vengeance, and they inflict grievous punishment upon them. So do not occupy yourselves with invoking curses on kings, but occupy yourselves with remembrance of me and supplication that I may protect you against your kings.” Abu Nu'aim transmitted it in al-Hilya.
Chapter 4: The Duty of Rulers to make Things Easy - Section 1
Abu Musa told that when God’s Messenger sent one of his companion’s to attend to some of his affairs he said, “Gladden people and do not scare them; make things easy and do not make them difficult. ’ (Bukhari and Muslim.)
Anas reported God’s Messenger as saying, “Make things easy and do not make them difficult; make people calm and do not scare them.’’ (Bukhari and Muslim.)
Abu Burda* told that when the Prophet sent his grandfather Abu Musa and Mu'adh to the Yemen he said, “Make things easy and do not make them difficult; gladden and do not scare; comply with one another and do not disagree.” (Bukhari and Muslim.)* This should be Sa'id b. Abu Burda on his father’s authority. C f. Bukhari, Maghazi, 60.
Ibn ‘Umar reported God’s Messenger as saying, “The perfidious one will have a standard set up for him on the day of resurrection, and announcement will be made that this is the perfidy* of so and so, the son of so and so.” (Bukhari and Muslim.)* This is explained as meaning the sign, result, or punishment of his perfidy.
Anas reported the Prophet as saying, “Every perfidious one will have a standard on the day of resurrection by which he will be recognized.” (Bukhari and Muslim.)
Abu Sa'id reported the Prophet as saying, “Every perfidious one will have a standard at his anus on the day of resurrection.” A version has, “On the day of resurrection every perfidious one will have a standard which will be raised for him according to the amount of his perfidy, and no one is more perfidious than the ruler of a community.” Muslim transmitted it.
Chapter 5: The Duty of Rulers to make Things Easy - Section 2
‘Amr b. Murra told that he said to Mu'awiya he had heard God’s Messenger say, "If anyone is put by God in authority over any matter concerning the Muslims and turns away from dealing with their need, destitution and poverty, God will turn away from dealing with his need, destitution and poverty.” Mu'awiya then appointed a man to deal with the needs of the people. Abu Dawud and Tirmidhi transmitted it. A version by Ahmad and Tirmidhi has, “God will lock the gates of heaven upon his destitution, need and poverty.”
Chapter 6: The Duty of Rulers to make Things Easy - Section 3
Abush Shammakh al-Azdi was told by a cousin of his on his father’s side who was a companion of the Prophet that he had gone to Mu'awiya, entered his presence and told him he had heard God's Messenger say, "If one who has been given any authority over the people locks his gate against Muslims, or one who has been wronged, or one who has a need, God will lock the gates of His mercy against him when he has a need or is in poverty, however much he is in need of Him.”Baihaqi transmitted in Shuab al iman.
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 7: How to Conduct the Office of Qadi, and Fear of it - Section 1
Abu Bakra told that he heard God’s Messenger say, “No judge must give judgment between two people when he is angry.” (Bukhari and Muslim.)
‘Abdallah b. ‘Amr and Abu Huraira reportad God’s Messenger as saying, “When a judge gives a decision having tried his best to decide correctly and is right, he will have a double reward; and when he gives a decision having tried his best to decide correctly and is wrong, he will have a single reward.” (Bukhari and Muslim.)
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.
Abu Huraira reported God’s Messenger as saying, “He who has been appointed a qadi among the people has been killed without a knife.”* Ahmad, Tirmidhi, Abu Dawud and Ibn Majah transmitted it.*This phrase has troubled commentators. Perhaps the best explanation is that he will have reason to repent of his manner of life, for there are many traditions which express disapproval of undertaking such an office. A somewhat ingenious explanation is that his evil characteristics must be cut away, this being a kind of slaughter.
Anas reported God’s Messenger as saying, “If anyone desires and asks for the office of qadi he will be left to his own devices, but if anyone is forced to accept it God will send down an angle who will direct him aright.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.
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.
God's Messenger sent me to the Yemen as qadi and I said, “Messenger of God, are you sending me when I am young and have no knowledge of the duties of qadi He replied, “God will guide your heart and keep your tongue true. When two men bring a case before you do not decide in favour of the first till you hear what the other has to say, for it is best that you should have a clear idea of the best decision." He said he had no doubts about a decision afterwards. Tirmidhi, Abu Dawud and Ibn Majah transmitted it.
Chapter 9: How to Conduct the Office of Qadi, and Fear of it - Section 3
‘Abdallah b. Mas'ud reported God’s Messenger as saying, “No judge who pronounces judgment among men will fail to come on the day of resurrection with an angel holding the back of his neck. He* will then raise his head to heaven, and if God gives orders to cast him down, he will cast him into an abyss forty years deep." Ahmad, Ibn Majah, and Baihaqi in Shu'ab al-lman transmitted it.*i.e. the angel.
‘A’isha reported God's Messenger as saying, “The day of resurrection will come to the just qadi and he will wish he had never given judgment between two men about a single date.”* Ahmad transmitted it.* He will wish he had never given judgment even about the most insignificant matters.