I048. The law of being a judge in Islam


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I048. The law of being a judge in Islam

I048. The law of being a judge in Islam
I048. The law of being a judge in Islam

القضاة ثلاثة واحد في الجنة واثنان في النار. فأما الذي في الجنة فرجل عرف الحق فقضى به ورجل عرف الحق فجار في الحكم فهو في النار ورجل قضى للناس على جهل فهو في النار [رواه أبو داود واللفظ له (3573) والترمذي (1322) وابن ماجه (2315) وصححه الألباني]

“There are three qadis (decision makers), one in heaven and two in hell. The one in heaven is the Qadi who knows the truth and then decides with it. Whereas a Qadhi who knows the truth is unjust in his decisions, then he will be in hell. Likewise, a Qadhi who makes decisions without knowledge will be in hell” (HR. Abu Dawud, At-Tirmidhi and Ibn Majah, authenticated by Al Albani).

Adab as a judge in Islam is as follows:

1. Listen to reports from both parties

Rasulullah Shalallahu ‘Alaihi Wassallah said, “If two people bring a case against you then do not decide the law on the first person until you hear what the second person says, then you will know how you decide the law.” (Tirmizi History).

2. Understand Islamic law
Allah says, “You shall punish them according to the regulations revealed by Allah.” (Al-Maidah: 49). So a judge is required to have thorough knowledge of Islamic law.

3. Able to be fair
Allah says, “Indeed, Allah commands you to convey the mandate to those who are entitled to receive it, and (orders you) when you determine a law between people, so that you determine it fairly. Indeed, Allah will give you the best teaching. Indeed, Allah is All-Hearing, All-Seeing” (An Nisa: 58)

The Prophet said, “Whoever becomes a judge and punishes fairly, he will certainly be kept away from evil (no reward and also punishment). Then what do I expect after that.” [HR. Tirmidhi No. 1243].

4. Be gentle
Imam Mohammad bin Ahmad al – Sarakhsi said: “A judge must be a gentle person, but his gentleness must not cause him to be weak in deciding cases and his strength must not make him harsh in dealing with people seeking justice.”

5. Don’t expect positions
“Whoever asks to be made a judge will have the burden placed on him (in carrying out his duties), but whoever is forced (not of his own free will) to become a judge, then Allah will send down an angel to help & guide him in the truth.” [HR. Tirmidhi No. 1245].


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I048. The law of being a judge in IslamI048. The law of being a judge in Islam
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