The mention of the story of 'Umar with the Bedouin and Shurayh, and his argumentation based on it, and the Shaykh's clarification of the truth in it.
Machine translationRead the Arabic original
The questioner : The second argument is the same as what you understood from me, that it is the same ruling as the hadith of Shurayh, the story of 'Umar and the Bedouin going to Shurayh for judgment?
The Shaykh : Yes.
The questioner : Shall we recite it to you?
The Shaykh : Please, let us listen.
The questioner : 'Ali ibn al-Ja'd said: Shu'bah informed us from Sayyar.
The Shaykh : From whom?
The questioner : From Sayyar.
The Shaykh : Sayyar, yes.
The questioner : From al-Sha'bi, who said: 'Umar took a horse from a man at a set price, then he became angry at him, so the man disputed with him. 'Umar said: "Appoint a man between us." The man said: "I am satisfied with Shurayh al-'Iraqi." Shurayh said: "You took it sound and healthy; you are responsible for it until you return it sound and healthy." It seemed to please him, so he appointed him as a judge and said: "Whatever becomes clear to you from the Book of Allah, do not ask about it. If it does not become clear in the Book of Allah, then from the Sunnah. If you do not find it in the Sunnah, then use your own opinion."
The Shaykh : Yes, this is what we say. This means that the Commander of the Faithful, 'Umar ibn al-Khattab, asked him to judge, and he found him correct in his ruling, so he found him worthy to be a judge and appointed him to the judiciary. What is there in this? Is there anyone who says: "Judging is not permissible in Islam?" It is not permissible for a person to appoint himself as a judge under the rule of a tyrannical, oppressive, unjust Muslim ruler, no matter what his status is, unless he has permission from this ruler. Otherwise, his ruling will be a fitnah (trial, discord or temptation) for the people, as we said earlier. This is an argument in the wrong place, just like all their arguments. And Allah is the One to be sought for help.
The Shaykh : Yes.
The questioner : Shall we recite it to you?
The Shaykh : Please, let us listen.
The questioner : 'Ali ibn al-Ja'd said: Shu'bah informed us from Sayyar.
The Shaykh : From whom?
The questioner : From Sayyar.
The Shaykh : Sayyar, yes.
The questioner : From al-Sha'bi, who said: 'Umar took a horse from a man at a set price, then he became angry at him, so the man disputed with him. 'Umar said: "Appoint a man between us." The man said: "I am satisfied with Shurayh al-'Iraqi." Shurayh said: "You took it sound and healthy; you are responsible for it until you return it sound and healthy." It seemed to please him, so he appointed him as a judge and said: "Whatever becomes clear to you from the Book of Allah, do not ask about it. If it does not become clear in the Book of Allah, then from the Sunnah. If you do not find it in the Sunnah, then use your own opinion."
The Shaykh : Yes, this is what we say. This means that the Commander of the Faithful, 'Umar ibn al-Khattab, asked him to judge, and he found him correct in his ruling, so he found him worthy to be a judge and appointed him to the judiciary. What is there in this? Is there anyone who says: "Judging is not permissible in Islam?" It is not permissible for a person to appoint himself as a judge under the rule of a tyrannical, oppressive, unjust Muslim ruler, no matter what his status is, unless he has permission from this ruler. Otherwise, his ruling will be a fitnah (trial, discord or temptation) for the people, as we said earlier. This is an argument in the wrong place, just like all their arguments. And Allah is the One to be sought for help.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.