"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. 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."
The Book of the Etiquette of Judges - Sunan an-Nasa'i
Hadith Reference: Sunan an-Nasa'i 5398
Hierarchy of Judicial Ruling
The noble hadith establishes a clear hierarchy for judicial decision-making. First, the judge must refer to the Qur'an, the primary source of Islamic law. If the matter is not explicitly addressed therein, he turns to the Sunnah of the Prophet (ﷺ). This order reflects the fundamental principle that the Sunnah explains and elaborates upon the Qur'an.
If no direct guidance is found in either the Qur'an or the Sunnah, the judge is instructed to follow the way of the righteous (al-salihun), referring to the consensus (ijma') of the early Muslim community or the righteous predecessors (al-salaf al-salih). This demonstrates the importance of scholarly consensus and established tradition in matters where primary texts are silent.
Clarity of the Law and Avoiding Doubt
The prohibition against saying "I am afraid, I am afraid" is a directive against hesitation and indecision born of excessive caution. A judge must have the courage to deliver a verdict based on the evidence and legal principles. The law has been made clear by Allah; the halal (permissible) and haram (prohibited) are distinctly outlined.
The matters that are ambiguous or doubtful (al-shubuhat) should be avoided in favor of that which is clear and certain. This principle encourages the judge to err on the side of caution when faced with ambiguity, but to do so decisively, without being paralyzed by fear. It is a call for both courage and piety in the administration of justice.
The Judge's Responsibility in a Complex World
The opening statement acknowledges a transition to an era requiring more frequent judicial rulings. This reflects the understanding that as Muslim society grows and evolves, new situations and disputes will inevitably arise. The judge is thus given a comprehensive methodology to navigate this complexity.
This teaching ensures that Islamic law remains dynamic and applicable to all times and places, providing judges with a timeless framework for deriving rulings. It balances strict adherence to divine revelation with the application of sound reasoning and the collective wisdom of the righteous scholars of the Ummah.