The Book of the Etiquette of Judges
كتاب آداب القضاة
Chapter 1: Virtue of the Judge Who is Just in Passing Judgement
The Prophet [SAW] said: "Those who are just and fair will be with Allah, Most High, on thrones of light, at the right hand of the Most Merciful, those who are just in their rulings and in their dealings with their families and those of whom they are in charge." Muhammad (one of the narrators) said in his Hadith: "And both of His hands are right hands."
Chapter 2: The Just Ruler
The Messenger of Allah [SAW] said: "There are seven whom Allah, the Mighty and Sublime, will shade with His shade on the Day of Resurrection, the Day when there will be no shade but His: A just ruler, a young man who grows up worshipping Allah, the Mighty and Sublime; a man who remembers Allah when he is alone and his eyes flow (with tears); a man whose heart is attached to the Masjid; two men who love each other for the sake of Allah, the Mighty and Sublime; a man who is called (to commit sin) by a woman of high status and beauty, but he says: 'I fear Allah'; and a man who gives charity and conceals it, so that his left hand does not know what his right hand is doing."
Chapter 3: Passing Correct Judgement
"The Messenger of Allah [SAW] said: 'If a judge passes judgment and strives to reach the right conclusion and gets it right, he will have two rewards; if he strives to reach the right conclusion but gets it wrong, he will still have one reward."
Chapter 4: Not Appointing One Who is Eager to be a Judge
"Some people from among the Ash'aris came to me and said: 'Go with us to the Messenger of Allah [SAW], for we have something to ask him.' So I went with them, and they said: 'O Messenger of Allah, use us to do your work.'" Abu Musa said: "I apologized for what they said, and I told him that I did not know what they were going to ask. He believed me and excused me, and said: 'We do not appoint for our work anyone who asks for that.'"
A man from among the Ansar came to the Messenger of Allah [SAW] and said: "Will you not appoint me as you appointed so-and-so?" He said: "You will encounter selfishness after I am gone, so be patient until you meet me at the cistern (Al-Hawd)."
Chapter 5: Prohibition of Asking for Governorship
"The Messenger of Allah [SAW] said: 'Do not ask for governorship. For if it is given to you because of asking, you will be left to your own devices, but if it is given to you without asking, you will be helped (by Allah).'"
The Prophet [SAW] said: "You will be keen for governorship but it will be regret and loss on the Day of Resurrection. What a good position it is when they are alive, but how miserable their state when they die (and leave it behind)."
Chapter 6: Appointing Poets
A group from Banu Tamim came to the Prophet [SAW]. Abu Bakr said: "Appoint Al-Qa'qa' bin Ma'bad (as commander or governor)," and 'Umar said: "No, (appoint) Al-Aqra' bin Habis." They argued until they began to raise their voices, then the words were revealed: "O you who believe! Make not (a decision) in advance before Allah and His Messenger..." until the end of the Verse: "And if they had patience till you could come out to them, it would have been better for them."
Chapter 7: If People Appoint a Man as Judge, and He Passes Judgment Among Them
When he came to the Messenger of Allah [SAW] and he heard them calling Hani' by the nickname of Abu Al-Hakam, the Messenger of Allah [SAW] called him and said to him: "Allah is Al-Hakam (the Judge) and judgment is His. Why are you known as Abu Al-Hakam?" He said: "If my people differ concerning something, they come to me, and I pass judgment among them, and both sides accept it." He said: "How good this is. Do you have any children?" He said: "I have Shuraih, and 'Abdullah, and Muslim." He said: "Who is the eldest of them?" He said: "Shuraih." He said: "Then you are Abu Shuraih," and he supplicated for him and his son.
Chapter 8: Prohibition of Appointing Women for Judgment
"Allah protected me with something that I heard from the Messenger of Allah [SAW]. When Chosroes died, he said: 'Whom have they appointed as his successor?' They said: 'His daughter.' He said: 'No people will ever prosper who entrust their leadership to a woman.'"
Chapter 9: Passing Judgment on the Basis of a Comparison or Similarities, and Mentioning the Differences Reported From Al-Walid Bin Muslim In The Hadith Of Ibn 'Abbas
He was riding behind the Messenger of Allah [SAW] on the morning of the Day of Sacrifice, when a woman from Khath'am came to him and said: "O Messenger of Allah, the command of Allah, the Mighty and Sublime, to His slaves to perform Hajj has come while my father is an old man and cannot ride unless he is tied crossways on a mount; can I perform Hajj on his behalf?" He said: "Yes, perform Hajj on his behalf, for if he owed a debt you would pay it off for him."
"A woman from Khath'am asked the Messenger of Allah [SAW] a question when Al-Fadl was riding behind the Messenger of Allah [SAW]. She said: 'O Messenger of Allah, the command of Allah, the Mighty and Sublime, to His slaves to perform Hajj has come while my father is an old man, he cannot sit upright in the saddle. Will it suffice if I perform Hajj on his behalf?' He said: 'Yes.'"
"Al-Fadl bin 'Abbas was riding behind the Messenger of Allah [SAW] when a woman from Khath'am came to ask him a question. Al-Fadl started looking at her, and she at him, and the Messenger of Allah [SAW] turned the face of Al-Fadl the other way. She said: 'O Messenger of Allah, the command of Allah, the Mighty and Sublime, to His slaves to perform Hajj has come while my father is an old man, and he cannot sit firmly in the saddle; can I perform Hajj on his behalf?' He said: 'Yes.' That was during the Farewell Pilgrimage."
A woman from Khath'am said: "O Messenger of Allah, the command of Allah, the Mighty and Sublime, to His slaves to perform Hajj has come while my father is an old man, and he cannot sit upright in the saddle. Will it discharge his duty if I perform Hajj on his behalf?" The Messenger of Allah [SAW] said to her: "Yes." Al-Fadl starting turning toward her, for she was a beautiful woman, and the Messenger of Allah [SAW] turned Al-Fadl's face to the other side.
Chapter 10: Mentioning the Different Reports from Yahya Ibn Abi Ishaq
A man asked the Messenger of Allah [SAW]: "The (command to perform) Hajj has come while my father is an old man and cannot sit firmly in the saddle, and if I tie him, I fear that he may die. Can I perform Hajj on his behalf?" He said: "Do you think that if he owed a debt you would pay it off for him?" He said: "Yes." He said: "Then perform Hajj on behalf of your father."
He was riding behind the Messenger of Allah [SAW], when a man came and said: "O Messenger of Allah, my mother is an old woman; if I put her on a mount she cannot sit firmly, and if I tie her, I fear that I may kill her." He said: "Do you think that if your mother owed a debt you would pay it off for her?" He said: "Yes." He said: "Then perform Hajj on behalf of your mother."
"A man came to the Prophet [SAW] and said: 'O Prophet of Allah, my father is an old man and cannot perform Hajj. If I put him on a mount he cannot sit firm. Can I perform Hajj on his behalf?' He said: 'Perform Hajj on behalf of your father.'"
A man came to the Prophet [SAW] and said: "My father is an old man, can I perform Hajj on his behalf?" He said: "Yes. Don't you think that if he owed a debt and you paid it off, that would suffice him?"
Chapter 11: Ruling According to the Consensus of the Scholars
"The people asked 'Abdullah too many questions one day, and 'Abdullah said: 'There was a time when we did not pass so many judgments, but now that time is over. Now Allah, the Mighty and Sublime, has decreed that we reach a time when, as you see, (we are asked to pass many judgments). Whoever among you is asked to pass a judgment after this day, let him pass judgment according to what is in the Book of Allah. If he is faced with a matter that is not mentioned in the Book of Allah, let him pass judgment according to the way His Prophet [SAW] passed judgment. If he is faced with a matter that is not mentioned in the Book of Allah and concerning which His Prophet did not pass judgment, then let him pass judgment according to the way the righteous passed judgment. If he is faced with a matter that is not mentioned in the Book of Allah, and concerning which His Prophet and the righteous did not pass judgment, then let him strive to work it out, and let him not say 'I am afraid, I am afraid.' For that which is lawful is clear and that which is unlawful is clear, and between them are matters which are not as clear. Leave that which makes you doubt for that which does not make you doubt.'"