Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Explanation of the author's statement: "And he orders him to fear Allah and to seek justice and strive to establish it"

Machine translationRead the Arabic original
The Shaykh : The author (may Allah have mercy on him) says: "And he orders him to fear Allah". Do we say "he orders him" (ya'muruhu) or "he orders him" (ya'miruhu) with a dammah? We say "he orders him" (ya'miruhu) as a new statement, because it is not obligatory for him to order him, but it is recommended for him to order him to fear Allah. He orders the judge to fear Allah the Exalted and Majestic, because fearing Allah is the advice of Allah the Exalted and Majestic to the first and the last,
And We have instructed those who were given the Scripture before you and yourselves to fear Allah ولقد وصينا الذين آتوا الكتاب من قبلكم وإياكم أن اتقوا الله
[An-Nisa 4:131]
and because in the judge's fear of Allah the Exalted and Majestic there is ease for his affairs and facilitation of his task, as Allah the Exalted said:
And whoever fears Allah - He will make for him of his matter ease. ومن يتق الله يجعل له من أمره يسرا
[At-Talaq 65:4]
and because in the judge's fear of Allah the Exalted and Majestic there is a cause for knowing the truth and knowing the one who is right, as Allah the Exalted said:
O you who have believed, if you fear Allah, He will grant you a criterion and will remove from you your misdeeds and forgive you. And Allah is the possessor of great bounty. يا أيها الذين آمنوا إن تتقوا الله يجعل لكم فرقانا ويكفر عنكم سيئاتكم ويغفر لكم الله ذو الفضل العظيم
[Al-Anfal 8:29]
. Good, and the judge needs that. And because in the judge's fear of Allah the Exalted and Majestic there is a cause for Allah to make for him a way out from every worry,
And whoever fears Allah - He will make for him a way out (3) And will provide for him from where he does not expect. ومن يتق الله يجعل له مخرجا ويرزقه من حيث لا يحتسب
[At-Talaq 65:2-3]
. For this reason, we said that it is recommended for the imam to write in the heading of the appointment, or to begin the appointment document with what? With the order to fear Allah the Exalted and Majestic. Likewise, he orders him to seek justice and strive to establish it. Seeking justice is part of fearing Allah the Exalted and Majestic, but he attached it to fear in the sense of attaching the specific to the general, due to the importance of justice in the matter of governance, as Allah the Exalted said:
Indeed, 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 بالعدل
[An-Nisa 4:58]
. Good, and if he seeks justice, he said: "and strives to establish it", because not everyone who seeks justice and knows justice establishes justice, is that not so? So he orders him with two things: the first is what? Seeking justice, and the second is striving to establish justice. Justice includes two things: justice in the ruling and justice toward the one being judged. Justice in the ruling is to rule with what the Shari'ah of Allah requires, because everything that the Shari'ah of Allah requires is justice without doubt. Based on this, he rejects all legal rulings that contradict the Shari'ah of Allah, no matter how strong they are in terms of legality; it is obligatory for the judge to reject and discard them because they are contrary to justice. Everything that contradicts the law of Allah is contrary to justice. Second, justice toward the one being judged is not to distinguish between the young and the old, the noble and the lowly, the rich and the poor, the close and the distant. Do you understand? And it will come to us, if Allah wills, an explanation that it is obligatory to be just between the two litigants in his words, his gaze, his sitting, and their entry to him. The judge should not be one who, when a case concerning one of his relatives is brought to him, tries to evade ruling against him, and when a case concerning one of his personal enemies is brought to him, tries to rule against him. When the matter of the woman from the Banu Makhzum, who used to borrow goods and deny it, was brought to our Prophet Muhammad (peace and blessings be upon him), the Prophet (peace and blessings be upon him) ordered her hand to be cut off. The woman from the Banu Makhzum was from the nobles of Quraysh, so the matter of her affair worried Quraysh. They said, "How can a woman from the Banu Makhzum have her hand cut off and become a disgrace before the people?" So they sought someone to intercede with the Prophet (peace and blessings be upon him), and they agreed to appoint Usamah ibn Zayd for that. He volunteered for it and asked the Prophet (peace and blessings be upon him) to lift the ruling from her. The Prophet (peace and blessings be upon him) said to him:
Are you interceding regarding one of the punishments prescribed by Allah ? أتشفع في حد من حدود الله
Sunan Abi Dawud 4373Sahih (Al-Albani)
The question here is for negation, so he negated and indicated the cause. He negated in his saying:
Are you interceding regarding one of the punishments prescribed by Allah ? أتشفع في حد من حدود الله
Sunan Abi Dawud 4373Sahih (Al-Albani)
"Do I intercede?" and indicated the cause in his saying:
a legal punishment among Allah's punishments في حد من حدود الله
Jami` at-Tirmidhi 1463Sahih (Darussalam)
"In a limit of the limits of Allah?" As if he is saying, "I do not have the power to change a limit from the limits of Allah, so there is no intercession in a limit from the limits of Allah, because the ruling belongs entirely to Allah the Exalted and Majestic." Then the Prophet (peace and blessings be upon him) stood up and gave a sermon. He gave a sermon and said:
O people, those who have gone before you were destroyed, because if any one of high rank committed theft amongst them, they spared him; and it anyone of low rank committed theft, they inflicted the prescribed punishment upon him. By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut off. أيها الناس إنما أهلك من كان قبلكم أنهم كانوا إذا سرق فيهم الشريف تركوه وإذا سرق فيهم الوضيع أقاموا عليه الحد وايم الله لو أن فاطمة بنت محمدٍ سرقت لقطعت يدها
Sahih Muslim 1688a
May Allah send blessings and peace upon him. He swore, and he is the truthful and pious one, without an oath, that if Fatimah, the daughter of Muhammad, had stolen, he would have cut off her hand, even though she is the mistress of the women of Paradise and the best of women in lineage. He mentioned Fatimah and no one else because the case was about a woman, so he said, "If Fatimah..." Good, so justice is in what? In the ruling and in the one being judged. And he strives to establish it, and he strives to establish it.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas