What is the ruling if a judge conditions a fee for judging between two people?
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The questioner : He said that a judge who says, "I will not judge between you except for so much and so much," is permitted. Is not judging an act of worship?
The Shaykh : Their statement is not correct; it is not correct. I say that the statement of the jurists (may Allah have mercy on them) in this matter is not correct. That is, the jurists say that if a judge says to the two litigants, "I will not judge between you unless you give me one hundred riyals, for example," then if he has a salary from the public treasury, there is no doubt that this is forbidden for him, because it resembles the gifts of *ghulul* (illicit gains). It resembles the gifts of *ghulul*. And if he has nothing from the public treasury, some jurists said that it is permissible for him to ask for what covers his needs. However, the correct view is that it is not permissible, because this opens the door to evil. Perhaps the judge will rule in favor of the one who gives him more. Perhaps two cases will come to him, and he will say to the owner of the first case, "So-and-so gave me two thousand riyals, and you only gave me one thousand. Wait until I rule in favor of So-and-so." In this there is a great harm. Therefore, the correct view is that this is prohibited. And if the judge does not have a salary from the public treasury, if judging is an individual obligation (*fard 'ayn*) upon him, it is incumbent upon him to do it, because it is one of the acts of worship. And if it is not an individual obligation, he may say, "I am unable to do it."
The questioner : ... .
The Shaykh : The difference between them is that prayer is a pure act of worship, whereas this involves a financial right and is not purely an act of worship. However, the correct view is that it is not permissible, even if it falls under the category of financial matters. Yes.
The Shaykh : Their statement is not correct; it is not correct. I say that the statement of the jurists (may Allah have mercy on them) in this matter is not correct. That is, the jurists say that if a judge says to the two litigants, "I will not judge between you unless you give me one hundred riyals, for example," then if he has a salary from the public treasury, there is no doubt that this is forbidden for him, because it resembles the gifts of *ghulul* (illicit gains). It resembles the gifts of *ghulul*. And if he has nothing from the public treasury, some jurists said that it is permissible for him to ask for what covers his needs. However, the correct view is that it is not permissible, because this opens the door to evil. Perhaps the judge will rule in favor of the one who gives him more. Perhaps two cases will come to him, and he will say to the owner of the first case, "So-and-so gave me two thousand riyals, and you only gave me one thousand. Wait until I rule in favor of So-and-so." In this there is a great harm. Therefore, the correct view is that this is prohibited. And if the judge does not have a salary from the public treasury, if judging is an individual obligation (*fard 'ayn*) upon him, it is incumbent upon him to do it, because it is one of the acts of worship. And if it is not an individual obligation, he may say, "I am unable to do it."
The questioner : ... .
The Shaykh : The difference between them is that prayer is a pure act of worship, whereas this involves a financial right and is not purely an act of worship. However, the correct view is that it is not permissible, even if it falls under the category of financial matters. Yes.