Explanation of the author's statement: "The Book of Judging: It is a collective obligation that binds the Imam"
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The Shaykh : The Book of Judging. The author says "It is a collective obligation". First, what is the meaning of judging? The meaning of judging in the legal sense is to finalize a matter and complete it, to finalize it and bring it to a conclusion. The term judging is also used to mean estimation. If it is a legislative matter, judging means finalization. If it is an estimated matter, it may refer to eternal estimation or the completion of a thing. His saying, the Exalted, means He completed them. His saying [Al-Isra 17:4] means We estimated them in eternity. And His saying [Al-Isra 17:23] means He legislated a finalized law as an obligation upon the servants. As for in the Shari'ah, judging in the Shari'ah includes three things: clarifying the legal ruling, enforcing it, and settling disputes or lawsuits, as you wish. Now, pay attention. When we say clarifying the legal ruling, this is a genus that includes the fatwa, because the mufti clarifies the legal ruling. For this reason, if you said that judging in the Shari'ah is clarifying the legal ruling, the definition would not be valid. Why? Because it is not restrictive. What does not restrictive mean? It includes in the defined what is not part of it. What is included if we say that judging is clarifying the legal ruling?
The questioner : ... .
The Shaykh : The fatwa, because the mufti clarifies the legal ruling. Now, enforcing it and settling lawsuits excludes what? The fatwa, because the mufti does not enforce, and does he settle disputes or not? No, he does not settle disputes. But if the mufti is appointed as a judge, meaning two people resort to him and say, "We are satisfied with you as a judge between us," and he judges between them, his ruling becomes like the ruling of a judge, binding. However, if he is not appointed and not installed by the one in authority, meaning the mufti, he is a clarifier, not an enforcer. This is the difference between the mufti and the judge. The author says that judging is a collective obligation. As for it being an obligation, it is because Allah, Glorified and Exalted is He, commanded it, so He said[Sad 38:26] and He said, the Exalted, [An-Nisa 4:58] so when we judge, we are commanded to judge with justice, and He commanded His Prophet Dawud (peace be upon him) to judge between people. Is that clear? This indicates that it is an obligation. As for it being a collective obligation, it is because the intended object is the act, not the actor. And this has passed you, I think, in the poem we distributed to you on the principles, that if the intended object is the act, it is a collective obligation, and if the intended object is the actor, it is an individual obligation or a collective recommended practice or an individual recommended practice, according to the command. So we say it is a collective obligation because the intended object is to establish a judge who judges between people, and the intended object is not that every person among the people becomes a judge. Otherwise, may Allah will it, if it were an individual obligation, how many would we become here? Ah? Everyone would be a judge. Everyone would go to the court every morning. Why? To judge between people. But between whom?
The questioner : ... .
The Shaykh : Is it an individual obligation? Well, in any case, it is a collective obligation. As for it being an obligation, you know its evidence. And as for it being collective, ah?
The questioner : ... .
The Shaykh : Because the intended object is the act, that judgment is established between people, regardless of the specific identity of the actor.
The author says "It binds the Imam". The author moved to: if it is a collective obligation, to whom is this obligation directed? It is directed to two groups: the Imam and the one commanded, meaning the Imam who is the commander and the one commanded who is the one appointed. So if the Imam says to a person, "Be a judge in this city," it becomes, for this person, ah?
The questioner : ... .
The Shaykh : A collective obligation, as will come, a collective obligation.
The questioner : ... .
The Shaykh : In the case of, yes, in the case of the person, it becomes an individual obligation because he was appointed. Now, the Imam is bound. The Imam is bound. Which Imam?
The questioner : ... .
The Shaykh : The Imam is the one in authority, meaning the highest ruler in the state. He is bound to appoint a judge in every region. The highest ruler in the state, you know, states differ from one another. The highest ruler in the state is called a king in some, a president in some, and in some what?
The questioner : An Amir.
The Shaykh : An Amin?
The questioner : An Amir.
The Shaykh : An Amir, and in some a Sultan, and in some a Shaykh. Yes, the important thing is not the names for us, but the meanings. If this is the highest authority in the state, he is the Imam. The Imam is bound because the Imam is, in reality, the successor of the Messenger of Allah (peace and blessings be upon him), or the successor of Allah?
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Well, the successor of the Messenger of Allah. Where is the Messenger?
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Yes, well, do we investigate this or leave it?
The questioner : ... .
The Shaykh : Very well.
So He completed them as seven heavens
فقضاهن سبع سماواتAnd We conveyed to the Children of Israel in the Scripture
وقضينا إلى بني اسرائيل في الكتابAnd your Lord has decreed that you not worship except Him
وقضى ربك ألا تعبدوا إلا إياهThe questioner : ... .
The Shaykh : The fatwa, because the mufti clarifies the legal ruling. Now, enforcing it and settling lawsuits excludes what? The fatwa, because the mufti does not enforce, and does he settle disputes or not? No, he does not settle disputes. But if the mufti is appointed as a judge, meaning two people resort to him and say, "We are satisfied with you as a judge between us," and he judges between them, his ruling becomes like the ruling of a judge, binding. However, if he is not appointed and not installed by the one in authority, meaning the mufti, he is a clarifier, not an enforcer. This is the difference between the mufti and the judge. The author says that judging is a collective obligation. As for it being an obligation, it is because Allah, Glorified and Exalted is He, commanded it, so He said
O David, indeed We have made you a successor upon the earth, so judge between the people
يا داود إنا جعلناك خليفة في الأرض فاحكم بين الناسIndeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice
إن الله يأمركم أن تؤدوا الأمانات إلى أهلها وإذا حكمتم بين الناس أن تحكموا بالعدلThe questioner : ... .
The Shaykh : Is it an individual obligation? Well, in any case, it is a collective obligation. As for it being an obligation, you know its evidence. And as for it being collective, ah?
The questioner : ... .
The Shaykh : Because the intended object is the act, that judgment is established between people, regardless of the specific identity of the actor.
The author says "It binds the Imam". The author moved to: if it is a collective obligation, to whom is this obligation directed? It is directed to two groups: the Imam and the one commanded, meaning the Imam who is the commander and the one commanded who is the one appointed. So if the Imam says to a person, "Be a judge in this city," it becomes, for this person, ah?
The questioner : ... .
The Shaykh : A collective obligation, as will come, a collective obligation.
The questioner : ... .
The Shaykh : In the case of, yes, in the case of the person, it becomes an individual obligation because he was appointed. Now, the Imam is bound. The Imam is bound. Which Imam?
The questioner : ... .
The Shaykh : The Imam is the one in authority, meaning the highest ruler in the state. He is bound to appoint a judge in every region. The highest ruler in the state, you know, states differ from one another. The highest ruler in the state is called a king in some, a president in some, and in some what?
The questioner : An Amir.
The Shaykh : An Amin?
The questioner : An Amir.
The Shaykh : An Amir, and in some a Sultan, and in some a Shaykh. Yes, the important thing is not the names for us, but the meanings. If this is the highest authority in the state, he is the Imam. The Imam is bound because the Imam is, in reality, the successor of the Messenger of Allah (peace and blessings be upon him), or the successor of Allah?
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Well, the successor of the Messenger of Allah. Where is the Messenger?
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Yes, well, do we investigate this or leave it?
The questioner : ... .
The Shaykh : Very well.