He wrote to 'Umar, to ask him (a question), and 'Umar wrote back to him telling him: "Judge according to what is in the Book of Allah. If it is not (mentioned) in the Book of Allah, then (judge) according to the Sunnah of the Messenger of Allah [SAW]. If it is not (mentioned) in the Book of Allah or the Sunnah of the Messenger of Allah [SAW], then pass judgment according to the way the righteous passed judgment. If it is not (mentioned) in the Book of Allah, or the Sunnah of the Messenger of Allah [SAW], and the righteous did not pass judgment concerning it, then if you wish, go ahead (and try to work it out by yourself) or if you wish, leave it. And I think that leaving it is better for you. And peace be upon you."
The Book of the Etiquette of Judges - Sunan an-Nasa'i 5399
This profound narration from the esteemed collection of Sunan an-Nasa'i presents the foundational methodology for Islamic judicial decision-making as established by the second Caliph, 'Umar ibn al-Khattab (may Allah be pleased with him). The instruction provides a hierarchical approach to jurisprudence that has guided Muslim judges for centuries.
Hierarchy of Legal Sources
The primary source remains the Noble Qur'an, the eternal word of Allah. When no clear ruling exists therein, the judge must turn to the authenticated Sunnah of the Prophet Muhammad (peace be upon him), which serves as the practical manifestation of Divine guidance.
Should the matter remain unresolved after consulting both primary sources, the judge should consider the consensus (ijma') of the righteous predecessors (as-salaf as-salih), particularly the companions of the Prophet who directly witnessed the revelation and its implementation.
Scholarly Discretion and Prudence
In cases where no precedent exists in these three sources, 'Umar grants the judge discretion to either exercise independent reasoning (ijtihad) or abstain from judgment. His preference for abstention reflects profound wisdom - recognizing that hasty judgment in matters of unclear evidence may lead to injustice.
This final option demonstrates the balance between judicial responsibility and humility before Allah. The judge must weigh his capacity for proper ijtihad against the potential harm of incorrect judgment, prioritizing caution in matters where Divine guidance is not explicitly clear.