A Brilliant Qadi (Judge)

justice-hammer

Iyas ibn Mu‘awiyah al-Muzani [d. 121H, 739CE] was a man of consummate eloquence and intelligence, proverbial for his reason and quick wit. It is said that once every hundred years a person is born with a perfect mind, and that Iyas was one such person.

He narrates how, when still a child at a primary school [maktab] in Damascus, a group of Christians gathered around and began to make fun of Muslims who claim that in paradise food leaves behind no excrement. ‘“Teacher,” I said, “would you not agree that most food is taken up and dispersed in the body?” “Yes,” he replied. I said: “Why then do you deny that in paradise the Almighty can make the remainder disappear totally inside the body?” He said: “You are a little devil.”’

Two men once came to plead before him. One of them said: ‘I went down to the river to bathe. I had a brand new green djellaba that I took off and placed by the bank of the river. This other man came wearing an old red djellaba. He took it off and went into the water. When he came out he ran ahead of me and took my green djellaba.’ Iyas asked them: ‘Do either of you have any proof?’ They said no. So he ordered a comb to be brought into the court and had them combed. Some green woollen threads were found in the hair of the owner of the green djellaba so Iyas ordered it restored to him.

A Persian squire [dihqan] came to see him and asked him about intoxicating drink, and whether it is licit [halal] or illicit [haram]. ‘It is illicit,’ said Iyas. ‘How so?’ said the squire. ‘Tell me, are dates licit or illicit?’ ‘Licit,’ said Iyas. ‘What about dodder?’ ‘Licit,’ said Iyas. ‘And water?’ ‘Licit,’ replied Iyas. ‘So what is it that makes these things incompatible? Is not date wine made from dates, dodder and water? What is it that makes date wine illicit and all these other things licit?’

Iyas answered: ‘If I were to take a handful of earth and throw it at you, would you feel pain?’ The squire said: ‘No.’ ‘What if I cupped my fingers and threw some water at you, would that pain you?’ ‘No,’ said the squire. ‘And what if I took a handful of straw and hit you with it, would that cause you pain?’ ‘No,’ said the squire. ‘If I now took the handful of earth, and kneaded it with water and straw making it into lumps, and I left it out to dry and then hit you with it, would this cause you pain?’ ‘Yes,’ replied the squire, ‘it may even kill me.’ Iyas said: ‘So also with dates, water and dodder. If mixed together and then aged they become illicit.’

Iyas once said, “I was reduced to silence by only one man. I was sitting in my court chamber in Basra when a man entered into my presence and testified that a particular orchard – and he specified its borders – was the property of so-and-so. I asked him: ‘How many trees does it have?’ He fell silent then said: ‘May I ask his honour the judge how long he has been judging in this chamber?’ ‘Since such-and-such a time,’ I replied. The man asked: ‘How many beams are there in this ceiling?’ ‘You are quite right,’ I replied, and I allowed his testimony.”

[Ibn ‘Asakir, Tahdhib al-Tarikh al-Kabir, 3:11 and al-Safadi, Al-Wafi bi’l Wafayat, 9:465-467 translated by Khalidi, Tarif ­In An Anthology of Arabic Literature: From the Classical to the Modern, Edinburgh University Press, 2016, pp. 50-51]

The Role of the Sultan in Enjoining Right and Forbidding Wrong in Tafsir al-Qurtubi

tafsir qurtubi“Not everyone is capable of carrying out the actions necessary to enjoin right conduct. However, this can be performed effectively by the ruler [Sultan] because he holds the authority to frame laws that will be in accord with the Shari‘ah. As ruler, he has the final word in matters of consequence, such as the legislation of laws, the prosecution of punishable offences and the treatment of prisoners. The role of head of state must be entrusted to an honest, strict, and righteous person since he holds the responsibility of enforcing the dictates of the Shari‘ah in all matters. It is incumbent on the ruler to appoint suitable, powerful and just persons in every city for this purpose. This is because Allah says, “[They are] those who, if We give them power in the land, establish [regular] prayer and give [regular] charity, enjoin right and forbid wrong; with Allah rests the end [and decision] of [all] affairs.” (22:41)”

 

 

[Imam al-Qurtubi, الجامع لأحكام القرآن, vol. 4, p. 47. Translated by Syed Amin Ashraf in Ma‘roof & Munkar, Jalaluddin Umari, International Islamic Publishing House, Riyadh, 2008 (2nd Revised Edition), p. 119]

Imam al-Qurtubi is Muhammad ibn Ahmad ibn Abu Bakr ibn Farah, Abu ‘Abdullah al-Ansari al-Qurtubi, of Cordova (in present-day Spain). A Maliki scholar and hadith specialist, he was one of the greatest Imams of Qur’anic exegesis, an ascetic who divided his days between worship and writing. Educated in hadith by masters like ‘Ali ibn Muhammad al-Yahsabi and al-Hasan ibn Muhammad al-Bakri, we wrote works in the sciences of hadith and tenets of faith, though his enduring contribution is his al-Jami‘ li ahkam al-Qur’an (The Compendium of the Rules of the Qur’an), from which he mainly omitted the stories and histories customary in other commentaries, and recorded instead the legal rulings contained in the Qur’an and how scholars have inferred them, together with the usage of Arabic grammar. Scholars have used it extensively ever since it was written. It is related that Qurtubi disdained airs, and used to walk about in a simple caftan with a plain cap (taqiyya) on his head. He travelled east and settled in Munya Abi al-Khusayb in upper Egypt, where he died in 671H (1273 CE) [Excerpted from Reliance of the Traveller by Shaykh Nuh Keller, p. 1090]

When the Second Caliph Umar was Overruled by the Judge

https://www.emel.com/images/justice_scales.jpg

Sa‘eed bin Musayyib narrates that Hadhrat Umar raḍyAllāhu 'anhu (may Allāh be pleased with him) once intended to take the house* of Hadhrat Abbas raḍyAllāhu 'anhu (may Allāh be pleased with him) to include it in the Masjid. However, Hadhrat Abbas raḍyAllāhu 'anhu (may Allāh be pleased with him) refused to hand the house over. When Hadhrat Umar raḍyAllāhu 'anhu (may Allāh be pleased with him) resolved that he would certainly have possession of the house, Hadhrat Abbas raḍyAllāhu 'anhu (may Allāh be pleased with him) proposed that they appoint Hadhrat Ubay bin Ka‘b raḍyAllāhu 'anhu (may Allāh be pleased with him) to pass judgement between them. Hadhrat Umar raḍyAllāhu 'anhu (may Allāh be pleased with him) agreed and they both approached Hadhrat Ubay raḍyAllāhu 'anhu (may Allāh be pleased with him). After they had related the matter to him, Hadhrat Ubay raḍyAllāhu 'anhu (may Allāh be pleased with him) said, “Allah sent revelation to Hadhrat Sulayman bin Dawud instructing him to construct Baytul Maqdis [in Jerusalem]. The land belonged to a man whom Hadhrat Sulayman 'alayhi'l-salām (peace be upon him) approached to buy it from him. However, when Hadhrat Sulayman 'alayhi'l-salām (peace be upon him) handed over the money to the man, he [the man] asked, ‘Is this price that you are paying better or is that which you are taking from me better?’ Hadhrat Sulayman 'alayhi'l-salām (peace be upon him) replied, ‘Certainly that which I am taking from you is better.’ ‘In that case,’ said the man, ‘I shall not accept it.’

Hadhrat Sulayman 'alayhi'l-salām (peace be upon him) then gave the man a higher price. The man then did the same thing two or three times until Hadhrat Sulayman 'alayhi'l-salām (peace be upon him) made the condition with him, ‘I am buying the land from you at the price you fix. You may therefore not ask me which of the two is better.’ Hadhrat Sulayman 'alayhi'l-salām (peace be upon him) took the purchased land from him at the price he fixed, which happened to be twelve thousand Qintar of gold (one Qintar equals four thousand gold coins). Hadhrat Sulayman 'alayhi'l-salām (peace be upon him) then felt that the amount was too big to give the man. Allah then sent revelation to him saying, ‘If you are paying him from something that is your own, then you know best (what you have to do). However, if you are paying from what We have provided for you, then give him whatever he is pleased with.’ Hadhrat Sulayman 'alayhi'l-salām (peace be upon him) then paid the amount.”

Hadhrat Ubay raḍyAllāhu 'anhu (may Allāh be pleased with him) continued, “I feel that Abbas raḍyAllāhu 'anhu (may Allāh be pleased with him) has a greater right to his house, which cannot be taken from him until he is pleased.” Hadhrat Abbas raḍyAllāhu 'anhu (may Allāh be pleased with him) then said, ‘Since you have made the decision in my favour, I wish to make it Sadaqah [a charitable gift] for the Muslims.’

[Hayatus Sahabah (The Lives of the Companions), by Maulana Muhammad Yusuf Kandhelwi, excerpted from the English translation by Mufti Afzal Hoosen Elias, Zam Zam Publishers, Karachi, June 2013, vol. 2, pp. 133-134 (related by Abdur Razzaq, as quoted in Kanzul Ummal vol. 4 p. 260. Also related by Ibn Sa‘d vol. 4 p. 13. Ibn Asakir relates a similar narration, as do Bayhaqi and Ya‘qub bin Sulayman – quoted in Kanzul Ummal vol. 7 p. 65). Words in square brackets have been added.]

*His house was next door to Masjidun Nabawi

The Tyrant’s Assistant is a Tyrant as well

“I saw people who are negligent in paying their debts and who bequeath, ‘When I die, bury me in the tomb of Ahmad.’ Did they not hear the Messenger ﷺ refrained from praying (the funeral) upon those who died without settling their debts and those who unlawfully took from war booty, saying, ‘My prayer will not benefit them.’ [Abu Dawud #2710, Nasa’i #1959]

I have seen scholars who were driven by the love of fame, requesting permission from the Ruler to be buried in the grave of Ahmad ibn Hanbal; not knowing that numerous people are buried there.

None of them is unaware that he is not worthy of that, so where is the self-humility?

Did they not hear that ‘Umar ibn ‘Abd al-‘Aziz was asked, ‘Would you like to be buried in the Room*?’ He replied, ‘For me to meet Allah with every sin there is, apart from disbelief, is dearer to me than to believe myself worthy of that.’

However, the habits and the love of power dominated these people, such that knowledge was spoken in a manner of habit, and not for application.

We then found some scholars who became associated with Rulers and committed oppression, yet were fighting to be buried in Ahmad’s grave and wrote that in their wills.

If only they asked to be buried in an empty grave, instead they asked to be buried upon the dead bodies of others. When they are resurrected, they will be gathered in the state of oppression in which they were used – even in their death – and they will forget they used to be assistants to tyrants.

Did they not know that the tyrant’s assistant is also a tyrant? It is said, ‘It suffices for treason to be a traitor’s trustee.’ [This is a statement of Malik bin Dinar (r), recorded by Bayhaqi in Shuab al-Iman, 3/53]

The jailor said to Ahmad ibn Hanbal, ‘Am I one of the tyrant’s assistants?’ He said, ‘No. Rather you are one of the tyrants. The tyrant’s assistant is the one who assists you.’ ”

*Referring to the place where the Messenger ﷺ is buried

[Al-Hafiz Jamal al-Din Abd al-Rahman ibn al-Jawzi, صيد الخاطر (Quarry of the Mind), pp. 901-902 of English translation]

Ibn al-Jawzi on Forbidding from Accompanying the Rulers

We have seen many scholars who had a bad ending because of their proximity and mixing with rulers. They were after comfort but did not achieve it properly, because the sadness of the heart never goes away with money or food…

If we compare the difference between Imam Ahmad ibn Hanbal’s refraining from rulers, and Ibn Abi Du’ad* and Yahya ibn Aktham**, then we will learn the difference between a good life in this world and safety in the Hereafter.

Ibn Adham said, “If kings and their sons knew the pleasures in which we are living [because of our religious contentment], they would have fought us over it.”

Ibn Adham spoke the truth. When a ruler eats something he fears that someone might have poisoned it, and when he goes to sleep he fears that someone will assassinate him. He remains indoors fearing leaving his residence. If he does so he gets annoyed from the closest people to him.

If he likes a certain food he will eat too much from it and trouble his stomach; if he has too much sexual relations he becomes weak and feels little pleasure. He does not find the same joy that a poor person finds when eating after being hungry or a single man after finding a woman. A poor person might feel secure enough to sleep on the street, something that a prince would not be able to do.  So their pleasure is always reduced, yet they will be held to account more.

By Allah! I do not know of any people who lived honorably while achieving pleasures more than sincere scholars such as Al-Hasan al-Basri, Sufyan al-Thawri and Ahmad ibn Hanbal, and true worshippers such as Ma‘ruf [al-Karkhi].

The pleasure of knowledge exceeds all pleasures and whenever seekers of knowledge feel hunger or harm, this only elevates their status. There is also a sweetness to seclusion and worship.

Ma‘ruf for example, was alone with his Lord, living comfortably with Him and enjoying the sweetness of being with Him.

Although he died about four hundred years ago [edit: he passed away on the 2nd of Muharram, 200 Hijri], he is still gifted (the reward) of reciting many chapters of the Qur’an! The least that is done for him is people stand at his grave, reciting:

قُلْ هُوَ اللَّهُ أَحَدٌ
“Say: He is Allah, the One” [112:1]

And gift him its reward. Even rulers stand humble in front of his grave. On the day of resurrection more honours will be distributed.

The same applies to the graves of scholars. Those who have been inflected with visiting leaders, they confessed that they were harmed by doing so.

Sufyan Ibn ‘Uyaynah said, “Since I accepted the gift of such and such prince, I was stripped from the understanding of the Qur’an.”

So refraining from mixing with leaders might cause hardship sometimes, yet it will result in goodness in many other ways. It is best for someone to be firm upon this issue.”

 

*Considered a leading Mu‘tazilite and one of the chief architects of the mihnah [Inquisition], Ahmad ibn Abi Du’ad’s persecution of orthodox men of knowledge, including the famous scholar Ahmad ibn Hanbal, caused his reputation to suffer after his death – no-one attended his funeral prayer. He was made into an object of vilification by later biographers.

** Yahya ibn Aktham was instrumental in Ahmad ibn Abi Du’ad eventually becoming a close associate of the Mu‘tazilite Abbasid caliph Al-Ma‘mun. Ibn Aktham himself was appointed as chief judge by Al-Ma‘mun. He was eventually dismissed during the caliphate of Al-Mutawakkil when his money and land were seized and he was placed under house arrest.

[Al-Hafiz Jamal al-Din Abd al-Rahman ibn al-Jawzi, صيد الخاطر (Quarry of the Mind), pp. 630-633 of English translation (with some edits)]

Ibn al-Jawzi on the Devil’s Deception of Scholars who Get Close to Rulers

It is from the Devil’s deception of scholars to make them intermingle with rulers and sultans. They look away from their faults and never admonish them in spite of their ability to do so. Some of them might even give fatwas allowing them to do things just for worldly gain. Three aspects of harm are involved with such behavior:

First:  The ruler assumes that had he not been on the right path, then the scholars would have admonished him. And had my wealth been gained through illegitimate ways, scholars would not have eaten from it.

Second: The general public will think that this ruler, his wealth and his actions are fine because the scholar is always visiting him.

Third: The scholar himself ruins his religion. Sometimes the scholars use an excuse just to (be able to) mix with the rulers. They say: ”We will only visit the ruler to intercede for so and so.” However, what proves that this is from the devil is that if someone else goes to intercede he would get annoyed, and might even attack that person for visiting the Sultan.

lblis also deceives them to take from the ruler’s wealth. It is known that if the ruler’s money was from an impermissible source then it would be a sin to take from it. And if it was from a suspicious source then it is best not to take from it. And if the money was gained from a permissible source then the scholar ought to only accept an amount that was appropriate in return for his services. The general public might follow the scholar’s footsteps in taking that which is not theirs. On the other hand, Iblis has deceived some scholars who refrained from frequenting the Sultan to backbite scholars who do. Thus they combine between two problems: backbiting others and glorifying themselves.

In general, frequenting the Sultan entails great dangers because the intention might be proper at first, but after receiving good treatment, intentions change, and the scholar begins to flatter the Sultan and stops admonishing him.

Sufyan al-Thawri used to say: I am not worried about them (the ruler) insulting me. I worry from them acting generously towards me, so my heart becomes softer towards them.

Early scholars used to stay away from leaders because of their oppression, but leaders continued to ask for their services in matters relating to governance. A group of people thus became interested in worldly affairs and learned the sciences suitable for such positions.

The proof that they seek to please the rulers is that when rulers became interested in arguments related to creed, scholars busied themselves with kalam. And when rulers preferred fiqh debates, scholars went towards such debates. Then when leaders tended toward preaching sermons, many scholars practiced preaching.

Iblis also persuades jurists to be lenient with respect to some prohibitions. This is why we see some of them wearing silk clothes and gold. The reason for this leniency varies: Some of them only practice fiqh to conceal their true identity of being enemies of the religion. Others do so to gain a leadership position.

And others are not enemies of religion but fall victim to their own desires and lusts. They do not have the self-control required to resist temptation, in fact they possess qualities that cause the opposite. Resistance to desires only comes with practice and referring to stories of previous scholars.

[Al-Hafiz Jamal al-Din Abd al-Rahman ibn al-Jawzi, تلبيس ابليس (The Devil’s Deceptions), pp. 709-712]