Mishkat al-Masabih

The Offices of Commander and Qadi

كتاب الإمارة والقضاء

Chapter 1: Section 1

Mishkat al-Masabih 3692

Anas said that Qais b. Sa‘d had a position in relation to the Prophet like that of a prefect of a district in relation to a governor. Bukhari transmitted it.

Chapter 2: Section 2

Mishkat al-Masabih 3707

‘A’isha reported God’s Messenger as saying, “When God has a good purpose for a ruler He appoints for him a sincere minister who reminds him if he forgets and helps him if he remembers; but when God has a different purpose from that for him He appoints for him an evil minister who does not remind him if he forgets and does not help him if he remembers.” Abu Dawud and Nasa’i transmitted it.

Mishkat al-Masabih 3708

Abu Umama reported the Prophet as saying, ‘‘When a ruler seeks to make imputations against the people he corrupts them.” Abu Dawud transmitted it.

Chapter 3: Section 3

Mishkat al-Masabih 3711

‘A’isha reported God's Messenger as saying, “Do you know who will go first on the day of resurrection to the shade of God who is great and glorious?” Then on receiving the reply that God and His Messenger knew best, he said, “Those who when given what is right accept it, when asked for something give freely, and who judge in favour of others as they do for themselves.”Ahmad.

Mishkat al-Masabih 3719

‘Umar b. al-Khattab reported God’s Messenger as saying, “The one among God’s servants who will have the best position with God on the day of resurrection will be a just and kindly iman, but the man who will have the worst position with God on the day of resurrection will be a tyrannical and harsh imam.”Baihaqi transmitted in Shuab al iman.

Mishkat al-Masabih 3721

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

Mishkat al-Masabih 3722

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.)

Mishkat al-Masabih 3723

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.)

Chapter 6: The Duty of Rulers to make Things Easy - Section 3

Mishkat al-Masabih 3729

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.

Chapter 7: How to Conduct the Office of Qadi, and Fear of it - Section 1

Mishkat al-Masabih 3731

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.)

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.

Mishkat al-Masabih 3738
‘Ali said

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

Mishkat al-Masabih 3740

‘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.

Chapter 11: Provisions and Presents for Rulers - Section 2

Mishkat al-Masabih 3752

'Adi b. ‘Amira reported God’s Messenger as saying, “If any of you people 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.” One of the Ansar then got up and said, “Messenger of God, take back from me my post.” He asked what that meant and he told him he had heard him say such and such. He replied, “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, but he must refrain from what is kept away from him.” Muslim and Abu Dawud transmitted it, the wording being the latter’s.

Chapter 12: Provisions and Presents for Rulers - Section 3

Mishkat al-Masabih 3757

Abu Umama reported God’s Messenger as saying, “If anyone intercedes for, someone and that one gives him for it a present which he accepts, he has been guilty of a serious type-of usury.” Abu Dawud transmitted it.

Chapter 13: Cases and Depositions - Section 1

Mishkat al-Masabih 3759

Ibn Mas'ud reported God’s Messenger as saying, “If anyone swears a firm oath, 1 acting wickedly thereby, and appropriates by it property belonging to a Muslim, God will be angry when he meets Him on the day of resurrection.” And God has sent down the verification of that, “Those who barter for a small price God's covenant and their oaths”2. (Bukhari and Muslim.)1. Or an oath he is compelled to take.2. Al-Qur’an, 3:77

Mishkat al-Masabih 3764

‘Alqama b. Wa’il told on his father’s authority that a man from Hadramaut and man from Kinda came to the Prophet, the Hadrami saying, ‘‘Messenger of God, this man has seized land belonging to me,” and the Kindi saying, “It is my land and in my possession; he has no right to it.” The Prophet asked the Hadrami if he had any proof, but he replied that he had none, so he told him that he could have the other swear an oath. He replied, “Messenger of God, the man is a reprobate who would swear to anything and stick at nothing,” but he told him that that was his only recourse. The man went off to take an oath, and when he turned his back God’s Messenger said, “If he swears about his property to take it unjustly he will certainly find God turning away from him when he meets Him.” Muslim transmitted it.

Mishkat al-Masabih 3768

Abu Huraira told that the Prophet suggested to some people that they should swear an oath and when they hastened to do so he ordered that lots should be cast among them concerning the oath as to who should swear it. Bukhari transmitted it.

Chapter 14: Cases and Depositions - Section 2

Mishkat al-Masabih 3771

Jabir b. ‘Abdallah told that two men claimed an animal and both of them brought proof that it was his animal, the offspring of one of his beasts. God’s Messenger then gave his decision that it should go to the one who had it in his possession. It is transmitted in Sharh as-sunna.

Mishkat al-Masabih 3782

‘Amr b. Shu'aib, on his father’s authority, told that his grandfather reported the Prophet as saying, “The testimony of a deceitful man or woman, or of an immoral man or woman, or of one who harbours rancour against his brother is not allowable," and he rejected the testimony of one who is dependent on a family. Abu Dawud transmitted it.

Mishkat al-Masabih 3783

Abu Huraira reported God's Messenger as saying, “The testimony of a nomadic Arab against a townsman is not allowable." Abu Dawud and Ibn Majah transmitted it.