The Book of Judicial Decisions
كتاب الأقضية
Chapter 1: Oath should be sworn by the defendant
الْيَمِينُ عَلَى الْمُدَّعَى عَلَيْهِ
If the people were given according to their claims, they would claim the lives of persons and their properties, but the oath must be taken by the defendant.
Ibn 'Abbas reported that Allah's Messenger (ﷺ) pronounced judgment on the basis of oath by the defendant.
Chapter 2: The obligation of judging on the basis of a witness and an oath
الْقَضَاءِ بِالْيَمِينِ وَالشَّاهِدِ
Ibn 'Abbas reported that Allah's Messenger (ﷺ) pronounced judgment on the basis of an oath and a witness (by the plaintiff).
Chapter 3: So the judgement of the judge does not change what happened
الْحُكْمِ بِالظَّاهِرِ وَاللَّحْنِ بِالْحُجَّةِ
You bring to me, for (judgment) your disputes, some of you perhaps being more eloquent in their plea than others, so I give judgment on their behalf according to what I hear from them. (Bear in mind, in my judgment) if I slice off anything for him from the right of his brother, he should not accept that, for I sliced off for him a portion from the Hell.
This hadith has been narrated on the authority of Hisham with the same chain of transmitters.
I am a human being and the claimants bring to me (the dispute) and perhaps some of them are more eloquent than the others. I judge him to be on the right, and thus decide in his favcur. So he whom I, by my judgment, (give the undue share) out of the right of a Muslim,. I give him a portion of Fire; he may burden himself with it or abandon it.
This hadith has been transmitted on the authority of Ma'mar with a slight variation of words.
Chapter 4: The case of Hind
قَضِيَّةِ هِنْدٍ
Hind. the daughter of 'Utba, wife of Abu Sufyan, came to Allah's Messenger (ﷺ) and said: Abu Sufyan is a miserly person. He does not give adequate maintenance for me and my children, but (I am constrained) to take from his wealth (some part of it) without his knowledge. Is there any sin for me? Thereupon Allah's Messenger (ﷺ) said: Take from his property what is customary which may suffice you and your children.
This hadith has been narrated on the authority of Hisham with the same chair of transmitters.
Messenger of Allah, by Allah, there was no other household upon the surface of the earth than your household about which I cherished Allah bringing disgrace upon it, (and now) there is no other household upon the surface of the earth than your household about which I cherish Allah granting it honour. Allah's Apostle (ﷺ) said: It is so, by Him in Whose Hand is my life She said: Allah's Messenger, Abu Sufyan is a niggardly person. Is there any harm for me if I spend upon his children out of his wealth without his permission? Thereupon Allah's Apostle (ﷺ) said: There is no harm for you if you spend upon them what is reasonable.
Allah's Messenger, by Allah, there was no household upon the surface of the earth than your household about which I cherished that it should be disgraced. But today there is no household on the surface of the earth than your household about which I cherish that it be honoured Thereupon Allah's Messenger (ﷺ) said. It will increase, by Him in Whose Hand is my life. She then said: Messenger of Allah, Abu Sufyan is a niggardly person; is there any harm for me if I spend out of that which belongs to him on our children? He said to her: No, but only that what is reasonable.
Chapter 5: The prohibition of asking too much with no need. The prohibition of withholding the rights of others and asking of them, which means refusing to give others their rights and asking for that to which one is not entitles
النَّهْيِ عَنْ كَثْرَةِ الْمَسَائِلِ مِنْ غَيْرِ حَاجَةٍ وَالنَّهْيِ عَنْ مَنْعٍ وَهَاتٍ وَهُوَ الاِمْتِنَاعُ مِنْ أَدَاءِ حَقٍّ لَزِمَهُ أَوْ طَلَبُ مَا لاَ يَسْتَحِقُّهُ
Verity Allah, the Glorious and Majestic, has forbidden for you: disobedience to mothers, and burying alive daughters, withholding the right of others in spite of having the power to return that to them and demanding that (which is not one's legitimate right). And He disapproved three things for you; irrelevant talk, persistent questioning and wasting of wealth.
A hadith like this has been trransmitted on the authority of Mansur with a slight vairiation of words.
Mu'awiya wrote to Mughira: Write for me something which you heard from Allah's Messenger (ﷺ) ; and he wrote: I heard Allah's Messenger (ﷺ) as saying. Verily Allah disapproves three thingq for you: irrelevant talk, wasting of wealth and persistent questioning.
Peace be upon you, and then coming to the poirt (I should say) that I heard Allah's Messenger (ﷺ) as saying: Verily Allah has Prohibited three things and has forbidden three things. He has declared absolutely haram the disobedience of father, burying of daughters alive, and withholding that which you have power to return, and has forbidden three things: irrelevant talk, persistent questioning, and wasting of wealth.
Verily Allah likes three things for you and He disapproves three things for you. He is pleased with you that you worship Him and associate nor anything with Him, that you hold fast the rope of Allah, and be not scattered; and He disapproves for you irrelevant talk, persistent questioning ane the wasting of wealth.
This hadith has been narrated on the authority of Suhail with the same chain of transmitters, but with a slight variation of words.
Chapter 6: The reward of the judge if he strives to reach a decision, whether he gets it right or wrong
بَيَانِ أَجْرِ الْحَاكِمِ إِذَا اجْتَهَدَ فَأَصَابَ أَوْ أَخْطَأَ
When a judge gives a decision, having tried his best to decide correctly and is right, there are two rewards for him; and if he gave a judgment after having tried his best (to arrive at a correct decision) but erred, there is one reward for him.
This hadith has been narrated on the authority of Abu Huraira with another chain of transmitters.