Does the judge adhere to strictness?
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Question:
What approach should the judge take in his work? Should he adhere to strictness, or what should he do?
Answer:
The judge must be wise, employing gentleness where it is appropriate and strictness where it is appropriate. His dominant trait should be kindness, good character, and the absence of strictness, except when necessary. Allah the Exalted said: [Al-Ankabut: 46]. Thus, with the wrongdoers, one moves from what is best to what is more severe. The principle is the statement of Allah the Exalted: [Al-Imran: 159]. And as He, Glorified and Exalted, said: [Al-Baqarah: 83]. One should debate them with what is best, unless one sees in the opposing party a deviation from the truth and sophistry; in that case, there is no harm in restraining him with force and warning him of the consequences of his bad conduct. The need may even arise for something greater than that, such as imprisonment or disciplinary punishment. However, as long as the issues are presented with a good manner, kind words, and advice, that is what takes precedence.
What approach should the judge take in his work? Should he adhere to strictness, or what should he do?
Answer:
The judge must be wise, employing gentleness where it is appropriate and strictness where it is appropriate. His dominant trait should be kindness, good character, and the absence of strictness, except when necessary. Allah the Exalted said:
And do not argue with the People of the Scripture except in a way that is best, except for those who commit injustice among them
وَلَا تُجَادِلُوا أَهْلَ الْكِتَابِ إِلَّا بِالَّتِي هِيَ أَحْسَنُ إِلَّا الَّذِينَ ظَلَمُوا مِنْهُمْSo by mercy from Allah, [O Muhammad], you were lenient with them.
فَبِمَا رَحْمَةٍ مِّنَ اللّهِ لِنتَ لَهُمْAnd speak to people good [words]
وَقُولُواْ لِلنَّاسِ حُسْنًا
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
