If one of the two litigants is wicked and the other is chaste, should the judge treat them equally?
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The Shaykh : Yes
The questioner : If one of the two litigants is a known wicked man, meaning known for his wickedness, and the other is chaste and upright, a pious man, should the judge treat them in the same way?
The Shaykh : Absolutely not in the ruling; the treatment must be the same. What is more extreme than the disbeliever and the Muslim? The disbeliever is an enemy of Allah, an enemy of the judge, an enemy of the litigant, and an enemy of every Muslim on earth or in the sky. Every Muslim on earth or in the sky is his enemy. And yet, it is obligatory for him to be just between them in the matter of the ruling. There is absolutely no difference. However, if he misbehaves in the court of judgment, the judge may reprimand him and may ask, for example, the police officer to strike him or do something similar.
The questioner : If one of the two litigants is a known wicked man, meaning known for his wickedness, and the other is chaste and upright, a pious man, should the judge treat them in the same way?
The Shaykh : Absolutely not in the ruling; the treatment must be the same. What is more extreme than the disbeliever and the Muslim? The disbeliever is an enemy of Allah, an enemy of the judge, an enemy of the litigant, and an enemy of every Muslim on earth or in the sky. Every Muslim on earth or in the sky is his enemy. And yet, it is obligatory for him to be just between them in the matter of the ruling. There is absolutely no difference. However, if he misbehaves in the court of judgment, the judge may reprimand him and may ask, for example, the police officer to strike him or do something similar.