Tuesday, January 22, 2013

Judge and Court

1.             Judges consist of three classes. Two classes of judge go to hell and the other one enters heaven. The one entering heaven is the one knowing the truth of laws and judge by it. If a judge knows what is rightful (haq), but does not judge by it, and even acts in tyranny when judging a case, then s/he will enter hell. In another class are judges who are futile , who do not know what is rightful (haq), and decide a case based on the foolishness, then s/he will also enter hell. (HR. Accounts of Abu Dawud and Ath-Thahawi)

2.             The tongue of a judge lies between two flaming stones that lead him towards heaven or hell. (HR. Accounts of Abu Na'im and Ad-Dailami)

3.             Whoever is appointed as a judge then s/he has been slaughtered without a knife (HR. Abu Dawud)

4.             Allah accompanies a judge as long as s/he is not a tyrant. When s/he is tyrant then Allah stays away and the devil (Satan) always accompanies instead. (HR. Accounts of Tirmidzi)

5.             When a judge (honestly) upholds the law and the decision is right, then s/he will receive two rewards. but when the decision is wrong, then s/he will get one reward. (HR. Accounts of Bukhari)

6.             A woman should not be a judge who judges public affairs. (HR. Accounts of Ad-Dailami)

7.             One of the biggest sins is false testimony. (HR. Accounts of Bukhari)

8.             Rasulullah SAW explained : "False testimony is equal to associating Allah." he repeated his explanation three times. (Mashabih Assunnah)

9.             prophet SAW judges with oath and witnesses. (HR. Accounts of Muslim)

10.         May I inform you the best witness? That is who comes to testify even before he/she is asked for. (HR. Accounts of Muslim)

11.         The most hated man by Allah is he who is persistent in disputes. (HR. Accounts of Bukhari)

12.         A judge should not make a decision to judge between two persons in a state of anger. (HR. Accounts of Muslim)

13.         The blood of a Muslim (with death penalty) is not halal/rightful except for one of these three causes. First, widower or widow who fornicates (also husbands or wives). Second, retaliatory law for eliminating the life of others (Qishas), and third, who deviates from Islam and abandons jama'ah assembly. (HR. Accounts of Bukhari)

14.         Rasulullah SAW once jailed a person based on an accusation and then released him. (HR. Accounts of An-Nasaa'i)

15.         Truly I judge and decide cases among you with evidences and oaths. Some of you are more competent in conveying arguments than others. Whoever I decide to receive disputed assets that turns out to be the assets of others (brothers/sisters), Truly I decide for him/her the fire of hell. (HR. Accounts of Aththusi)
16.         A woman in time of Rasulullah SAW after fathu Mekah stole. then Rasulullah commanded that the hand of that woman is cut. Usamah son of Zaid came to see Rasulullah ask for reduction in punishment for that woman. Hearing the explanation from Usamah, Rasulullah's expression changed immediately. he then explained : "Are you asking for help (facilitation) in violating the laws of Allah Azza Wajalla?" Usamah then replied, "Beg forgiveness from Allah for me, dear Rasulullah." In the afternoon prophet SAW preached after previously praised and graced to Allah. This was his utterance : "Amma ba'du. The people before you were devastated by leaving a nobleman stealing (unpunished), but when the thief is a commoner (weak) then s/he is punished. By the One who has my soul in His grasp. When Fatimah daughter of Muhammad steals then I will cut her hand." After explaining, he returned to the order of cutting the hand of the female thief. (HR. Accounts of Bukhari)

17.         When two disputing individuals come before you, don't you speak until you listen to all of explanations from the second person as thoroughly as you do from first one. (HR. Accounts of Ahmad)

18.         we were together with Rasulullah SAW in a convention. Rasulullah explained :"Do bai'at (abide) to not associate Allah with anything else, not fornicating, not stealing, and not killing a soul forbidden by Allah (to be killed), except with appropriate (reasons). Whoever fulfills then rewards are for him/her in Allah's side and Whoever violates from these issues, then s/he is punished and that is the fine (kafarat). But Whoever violates these issues and is kept concealed by Allah, then the matter is in the hands of Allah. When He chooses, then one will be forgiven or punished (in the after life)." (HR. Accounts of Muslim)

19.         Avoid punishment to a Muslim as much as possible for Truly it may be better for ruler to act wrongfully by releasing him/her than misjudge and order wrong punishments. (HR. Accounts of Tirmidzi and Al-Baihaqi)

20.         Whoever avoids one's life as a badui (nomads) then s/he is self isolating, and Whoever follows the hunt, then s/he will be off guard and neglect. Whoever comes to the doors of the rulers, then s/he will receive fitnah (wrong accusation). Know that, the one getting close to a ruler is getting farther from Allah. (HR. Accounts of Abu Dawud and Ahmad)