Yusuf Ali

Guest Lecturer, Dept. of Arabic, S.R.Fatepuria College, Beldanga

Abstract:

Siratun Nabi is an overall subject of the life of Prophet Muhammad (PBUH). Judgment is a main part of the Siratun Nabi and it is one of the most important aspects of his life. He has been nominated as a judge by Almighty Allah. For conducting justice properly, the judge must follow some of the principles, whose best example is the Prophet Muhammad (PBUH). He lived all nepotism in the trial. He would say, “If my daughter Fatima also steals, then I will cut her two hands as a punishment for stealing”. During the trial, the verdict of the Prophet Mohammad (PBUH) was decided by the argument of both parties and by accepting witnesses against them. This kind of justice is unique in the policy of the Prophet Mohammad (PBUH). He was a unique model of judgment.

Keywords:  Prophet Muhammad (PBUH); judgment; Almighty Allah; justice properly; nepotism; daughter Fatima; punishment; argument; witnesses;

 

 

Introduction:

            Siratun Nabi is the main subject of the life of Prophet Muhammad (PBUH). The judgment is one of the most important aspects of the Siratun Nabi. Human being is social and in social life, there can be mutual conflict and dispute. The uniformity of the needs, benefits and superiorities always cause disputes and quarrels between them. So, one of the aims of the Islamic mission of the prophet (PBUH) is to finish these mutual disputes and quarrels and to prevent the reciprocal relations from the devilish effects and selfishness. Prophet Muhammad (PBUH) left his unique model of judgment so that no social crisis or chaos could be created.

Nature of the Prophet Muhammad (PBUH) as a ‘judge’:

           Judge is synonymous with Arabic word ‘Qa`adi’. So we can explain the word ‘Judge’ with the help of Arabic word ‘Qa`adi’. According to the traditional rules of the world, Prophet Muhammad (PBUH) was not a judge appointed by anyone. He has been nominated as a ‘judge’ by ‘Ahkamul Hakimin’ Almighty Allah. The Al-Qur’an has been declared in Sura Nisha:

“We have sent down to thee the Book in truth, that thou mightiest judge between men, as guided by Allah: so be not (used) as an advocate by those who betray their trust” [i].

Allah said elsewhere verse:

“I believe in the Book which Allah has sent down; and I am commanded to judge justly between you” [ii].

Almighty Allah said:

“But no, by the Lord, they can have no (real) Faith, until they make thee judge in all disputes between them, and find in their souls no resistance against the decisions, but accept them with the fullest conviction”[iii].

          From these verses it is clear that the Prophet Mohammad (PBUH) was not a self-appointed judge or appointed by anyone. He was the judge appointed by Almighty Allah, ([1]) and his responsibility as a judge was not different from the responsibilities of the Prophets. He was also the judge of the Prophet (PBUH).

Principles of Prophet Muhammad (PBUH) as a ‘judge’:

   For conducting justice properly, the judge must follow some of the principles, whose best example is the Prophet Muhammad (PBUH). He lived all nepotism in the trial. He would say, “if my daughter Fatima also steals, then I will unknowingly cut her two hands as a punishment for stealing.” He used to administer justice to a soundest brain, so that no party would be wronged. Abi Bakrah (RAA) narrated, “I heard the Messenger of Allah (PBUH) say, “No judge may make a judgment between two people when he is angry.”[iv] Agreed upon.

           Buraidah (RAA) Narrated that the Messenger of Allah (ﷺ) said, “Judges are of three types, two of whom will go to Hell and one to Paradise. The one who will go to Paradise is the judge who knew what is right and gives judgment accordingly; but a judge who knows what is right and does not give judgment accordingly; and acts unjustly in his judgment will go to Hell, and a judge who does not know what is right and judges people while ignorant (of the case) will go to Hell.”[v] Related by the four Imams and Al-Hakim graded it as Sahih.

            The main basis and way of handling the trial is first the Qur’an, then the Sunnah, and finally the Ijtihad or the study based on the Qur’an and Sunnah.

           Hadith is the second basic source in respect of the foundation of the Islamic law. Along with this basic rank, Hadith and Sunnah have the dignity of the practical explanation of the Holy Quran. We can determine the meaning and the objective of the Holy Quran only with the help of Hadith and Sunnah. Keeping this importance in view, it is the fact that the entire life of the Holy Prophet Muhammad (PBUH) is a model and a practical specimen for us. The justices of the Prophet Muhammad (PBUH) are a kind of practical traditions (Sunnah) of his life.

            Narrated by Muaj Bin Jabal (R) When the Prophet (PBUH) sent him to Yemen, he said, how will you judge? Mu’adh (R) said, by Sunnah. The Prophet (PBUH) said, if you can not even get it? He said, I will not show any constraints with my Ijtihad and in it. Then Allah’s Messenger (PBUH) placed his hands on the chest, and said, Praise be to Allah, who gave the messenger of his Messenger such power so that the Messenger (PBUH) was satisfied.[vi]

            During the trial, the verdict of Prophet Mohammad (PBUH) was decided by the arguments of both parties and by accepting witnesses against them. We can see this as well as the evidence, Ali (R) said, “Mohammad (SW) wanted to send me as judge of Yemen.” I said, ‘O Allah’s Messenger (PBUH), sending me, I am a young man, I do not have enough knowledge about justice. The Prophet Mohammad (PBUH) said, “Allah will guide your heart and keep your tongue steadfast.” Listen! When the two people, who will come to seek justice for you, do not give your verdict after hearing the first person, instead of hearing both. Ali (R) said, “Then I am not doubtful about giving a decision.”[vii]

            The Prophet Mohammad (PBUH) said harsh words about conducting justice on the basis of justice. For example, ‘Abdullah Ibn Aufa (R) said, the Prophet Mohammad (PBUH) said that Allah will remain with a judge, as long as he is above the oppression and torture of justice. Whenever he does injustic Allah turns away from him, and Saitan comes and goes with Him.”[viii]

               Hadrat A’isha (R) narrated that the Messenger of Allah (PBUH) said that the just judge Qazi will wish that on the Day of Resurrection, that if the judgment of the date of two dates was not done in the earth, then it would have been better.[ix]

Some examples of the judgment of Prophet Mohammad (PBUH):

              The justice of the Prophet Muhammad (PBUH) was for everyone and there was no difference between the human beings in this regard. For example, a woman was brought to the Prophet Muhammad (PBUH) in the case of theft. The woman belonged to a respectable family. Hazrat Usama (RA) wanted to influence in favor of that woman. The Prophet Muhammad (PBUH) said that the nations before you were fatigued because they used to punish the unsupported person and to give up the supported one. For Allah, if my daughter Fatima would have done this, I would have cut her hands too.[x]

              Suraka (R) bought a camel from a Bedouin and did not pay its worth. When the Bedouin took him and presented in the court of the Prophet Mohammad (PBUH), He (Suraka) said, I have no money to pay this price. The Prophet Mohammad (PBUH) ordered the Bedouin to sell this companion(Suraka) and to take his all dues. However, a person who bought Suraka (R), and he liberate him (Azad) after buying him.[xi]

               Abu Hadrad Salimi (R) had a some dues from a Jew. The Jew brought him and presented to the court of the Prophet Mohammad(PBUH). He (PBUH) Decide, at this moment the loan would be paid. Salimi (R) said, ‘I can not pay it  now. Come back from the battle of Khyber and it will be paid ‘. Prophet Mohammad (PBUH) did not listen to an excuse. Finally he sold his clothes and was forced to pay the debt.[xii]

All these hadiths proved that He was an ideal judge. Which is the best example, image and character of his whole life.

Conclusion:-

 

       This kind of justice is unique in the policy of the Prophet Mohammad (PBUH). He was the best judge appointed by Almighty Allah as a messenger in the world. In the light of Quran and Hadith, it reveals that in government and justice, the instructions of the Prophet Muhammad (PBUH) are enough for the humanity and each of his trials is the best example of imitation for us.

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References:

[1] . It is stated that undoubtedly we can Say the almighty Allah is a judge of the judges and it is mentioned also in the Holy Qur’an in Sura Tin ( أليس الله بأحكم الحكمين  )

[i] )  Al-Qur’an, Sura Nisha, Verse No. 105.

[ii] ) Al-Qur’an, Sura Ash-Shura, Verse No.15

[iii] ) Al-Qur’an, Sura Nisha, Verse No.65.

[iv] ) Imam Ibn Hajr, Bulugh Al-Maram Min Adillat Al-Ahkam, Kitabul Qa’da [14] Hadith: 1429

[v] ) Imam Ibn Hajr, Bulugh Al-Maram Min Adillat Al-Ahkam, Kitabul Qa’da [14], Hadith: 1425

[vi] ) Imam Hafiz Abu Eisa Mohammad Ibn Eisa At- Tirmidhi, Jami at-Tirmidhi, Kitabul Ahkam [13] Bab: Ma Ja Fil Qa’di Kaifa Yuqdi [3] Hadith:1327

[vii] ) Imam Hafiz Abu Dawud Sulaiman bin Ash’ath, Sunan Abu Dawud, Kitabul Qa’da [23] Bab:    Kaifal Qa’da ? [6] Hadith: 3582.

[viii] ) Imam Hafiz Abu Eisa Mohammad Ibn Eisa At- Tirmidhi, Jami at-Tirmidhi, Kitabul Ahkam [13] Bab: Ma Ja Fil Imamel Adele [4] Hadith:1330.

[ix] ) Imam Ahmad Bin Muhammad Hanbal, Al-Musnad, Darul Hadith, Cairo

[x] ) Mohammad bin Isma’il Imam Bukhari, Şahih Bukhari, Kitabul Hudood [86] Bab:

     Karahiatu shafaa’te fel Hudoode iza rufia’ ila ssultan [12] Hadith:6788.

[xi] ) Imam Abu Al-Hassan Ali Bin Umar-ud-Dar Qutni, Sunan Dar Qutni, Idara-e-Islamiat

[xii] ) Ahmad Bin Muhammad Hanbal, Al-Musnad, Darul Hadith, Cairo.

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