A Return to the Beginning: Regarding Referring Disputes to a Person Without the Ruler's Permission
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The questioner : The same ruling applies in the hadiths of Shurayh. We narrate the story of the ruler 'Umar and the Bedouin man to Shurayh. Let us recite it for you.
The Shaykh : Please, go ahead so we can hear it.
The questioner : 'Ali ibn Ja'd said: Shu'bah informed us from al-Sayyar from al-Sha'bi, who said: "'Umar took a horse from a man at a set price, then mounted it. The man became angry and 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, so 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 [look to] 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 to be correct in his ruling. He found him qualified to be a judge, so he appointed him to the judiciary. What is there in this? Is there anyone who says that judging is not permissible in Islam? That it is not permissible for a person to appoint himself as a judge? Under the rule of a Muslim ruler, whether he is unjust, oppressive, or corrupt, or just, no matter what his status is, he cannot establish the limits of Allah except with the permission of this ruler. Otherwise, his ruling is 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 other evidence. And Allah is the One to be sought for help.
The Shaykh : Please, go ahead so we can hear it.
The questioner : 'Ali ibn Ja'd said: Shu'bah informed us from al-Sayyar from al-Sha'bi, who said: "'Umar took a horse from a man at a set price, then mounted it. The man became angry and 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, so 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 [look to] 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 to be correct in his ruling. He found him qualified to be a judge, so he appointed him to the judiciary. What is there in this? Is there anyone who says that judging is not permissible in Islam? That it is not permissible for a person to appoint himself as a judge? Under the rule of a Muslim ruler, whether he is unjust, oppressive, or corrupt, or just, no matter what his status is, he cannot establish the limits of Allah except with the permission of this ruler. Otherwise, his ruling is 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 other evidence. 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.