Exegesis of the saying of Allah the Exalted: {so that you may judge between the people by what Allah has shown you}
Machine translationRead the Arabic original
The following message was received by the program from Damascus, and its sender is one of the brothers from there. He says: Your brother Ahmad al-Huri. Our brother has a set of questions. In his first question, he says: Allah (Glorified and Exalted is He) said in His Noble Book: [al-Nisa: 105]. Does this mean that Allah commanded His Messenger (peace and blessings be upon him) to judge by the Book of Allah and not to exercise independent legal reasoning in matters for which no Book was revealed to him? And did the Messenger of Allah (peace and blessings be upon him) exercise independent legal reasoning?
Answer: Allah, Mighty and Majestic, commanded him to judge between them by what Allah has revealed. He, the Exalted, said: [Al-Ma'idah: 49]. So he was commanded to judge between them by what Allah has revealed, and he used to judge between them by what was revealed to him, peace and blessings be upon him. If there was no explicit text with him, he would exercise independent reasoning, peace and blessings be upon him, and judge by what appeared to him from the evidence of the Shari'ah. As he said in the authentic hadith: . The meaning of this is that he may exercise independent reasoning in judgment because nothing was revealed to him regarding it. So whoever knows that the judgment is not in accordance with the truth and that the witnesses are false has taken a piece of the Fire. So let him beware of that and fear Allah in that, even if the Messenger (peace and blessings be upon him) is the judge. Because the judge has only the apparent truth from the trustworthiness of the witnesses and the integrity of the witnesses, or the oath of the defendant.
So if the claimant presents witnesses whom he knows have made a mistake, even if they are trustworthy, and he knows they have made a mistake and that the right is not his, but he is lying; or if he knows they are false witnesses, but the judge considered them upright because they were upright in his view and he certified them, then this wealth that he is judged to have, or the retaliation, is all invalid with respect to him. And he has transgressed the limits of Allah and committed injustice, even if the judge ruled in his favor. Because the judge has only the apparent truth. For this reason, he (peace and blessings be upon him) said:Bulugh al-Maram 1404.
So the Prophet (peace and blessings be upon him) judges by what Allah has revealed in what Allah revealed to him. And in what there was no explicit text, he exercised independent reasoning, peace and blessings be upon him, so that the community would follow his example. Yes.
so you may judge between the people by that which Allah has shown you
لِتَحْكُمَ بَيْنَ النَّاسِ بِمَا أَرَاكَ اللَّهُAnswer: Allah, Mighty and Majestic, commanded him to judge between them by what Allah has revealed. He, the Exalted, said:
And judge, [O Muhammad], between them by what Allah has revealed
وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنزَلَ اللَّهُYou are coming to me to be judged, and perhaps some of you may be more eloquent in his argument than another. So if I rule in favor of one of you by giving his brother's right to him, I am only cutting off for him a piece of the Fire. So let him carry it or leave it.
إنكم تختصمون إلي فلعل بعضكم أن يكون ألحن بحجته من بعض، فمن قضيت له بحق أخيه فإنما أقطع له قطعة من النار فليحملها أو ليذرهاSo if the claimant presents witnesses whom he knows have made a mistake, even if they are trustworthy, and he knows they have made a mistake and that the right is not his, but he is lying; or if he knows they are false witnesses, but the judge considered them upright because they were upright in his view and he certified them, then this wealth that he is judged to have, or the retaliation, is all invalid with respect to him. And he has transgressed the limits of Allah and committed injustice, even if the judge ruled in his favor. Because the judge has only the apparent truth. For this reason, he (peace and blessings be upon him) said:
Therefore, whatever I rule for anyone which by right belongs to his brother, I am only granting him a portion of Hell-fire.
فمن قطعت له من حق أخيه شيئًا فإنما أقطع له قطعة من النارSo the Prophet (peace and blessings be upon him) judges by what Allah has revealed in what Allah revealed to him. And in what there was no explicit text, he exercised independent reasoning, peace and blessings be upon him, so that the community would follow his example. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
