Selections from Muḥammadan Traditions/Chapter 17
XVII
THE BOOK OF RULE AND JUDGEMENT
It is related from Abú Hurairah that, 'The Apostle of God said, "He who obeys me, has obeyed God; and he who disobeys me, has disobeyed God. And whoever obeys the ruler, has obeyed me; and whoever disobeys the ruler, has disobeyed me. And the ruler is only a shield behind whom men fight and through whom they are protected. Then if he orders the fear of God and just dealing, then verily he gains rewards thereby; but if he says anything else, then on him will fall its penalty."'—Muslim, Al Bukhárí.
It is related from Ummuʾl-Ḥuṣain that she said, 'The Apostle of God said, " If a mutilated slave be appointed over you as ruler, and he leads you according to the Book of God; then give ear to him and obey him."'—Muslim.
It is related from Ibn ʿAbbás that, 'The Apostle of God said, "Whoever sees in his ruler that which he dislikes; let him be patient. There is no one who divides a community by a span, and dies, but dies the death of one in the time of ignorance."'—Muslim, Al Bukhárí.
It is related from ʿAwf bin Málikuʾl-Ashjai that, 'The Apostle of God said, "The best of your rulers are those whom ye love, and who love you; and for whom ye pray, and who pray for you. And the worst of your rulers are those whom ye hate, and who hate you; and whom ye curse, and who curse you." ʿAwf said, " We replied, 'O Apostle of God, under such circumstances should we not repudiate them?' He said, 'No, so long as they keep the observance of the prayers amongst you. No, so long as they keep the observance of the prayers amongst you. Beware! whoever has a ruler placed over him, and sees him do something contrary to the law of God; let him feel displeasure at what he does contrary to the law of God, but let him not withdraw a hand from obeying him.'"'—Muslim.
It is related from Abú Hurairah that, 'The Prophet said, "The rulers of the Children of Israel were the Prophets. Whenever a Prophet died, another Prophet succeeded him; but there is no Prophet after me. But there will be. Khalífs, and they will be many." They said, "Then what dost thou order us?" He replied, "Give allegiance to the first and to the first (after him), and give them their rights, for verily God will ask them for an account of the souls over whom they have been appointed."'—Muslim, Al Bukhárí.
It is related from ʿAbduʾlláh bin ʿOmar that, 'The Apostle of God said, "Beware! Ye are all rulers, and ye will be all asked concerning your subjects. The Imám who is placed as a ruler over men will be asked concerning his subjects; and the man who is a ruler over his household will be asked concerning his subjects; and the woman who rules over the house of her husband and his children will be asked about them; and a man's servant who is the keeper of his master's goods will be asked about them. Beware! every one of you is a ruler, and every one of you will be asked concerning the things committed to his charge."'—Muslim, Al Bukhárí.
It is related from Abú Bakr that he said, 'When news reached the Apostle of God that the people of Persia had made a daughter of Kisra, queen over them, he said, "The people who make a woman their ruler will never prosper."'—Al Bukhárí.
It is related from Abú Saʿíd that, 'The Apostle of God said, "The most beloved of men in the sight of God at the day of resurrection, and the one of them who will sit nearest to Him will be a just ruler. And the most hated of men in the sight of God on the day of resurrection and the one who will receive the severest punishment."—And in another tradition it runs, "The one who will sit farthest from him,"—will be a tyrannical ruler."'—At Tirmidhí.
It is related from Ibn ʿOmar that, 'The Prophet said, "Verily the king is the shadow of God on earth. Every oppressed person from amongst his servants turns to him; and when he dispenses justice, then he receives a reward, and thanks are due from his subjects. But when he oppresses them, then on him lies the guilt, and the duty of his subjects is patience."'
On the Duty of Rulers in the Matter of Clemency
It is related from ʿOmar binuʾl-Khaṭṭáb that 'When he used to send out his officers, he laid these conditions upon them. "Do not ride on Turki horses, and do not eat flour, nor clothe yourselves in fine clothes. And do not close your doors at the time of the peoples' needs. And if ye do anything of that, then punishment will be due to you." After that he would bid farewell to them.'—Al Baihaqi.
On Acting in Judicial Affairs
It is related from Abú Bakr that he said, 'I heard the Apostle of God say, "A judge must never judge between two litigants when he is angry."'—Muslim, Al Bukhárí.
It is related from Muʿádh bin Jabal that, 'When the Apostle of God sent him to Yeman he said, "How wilt thou execute judgement when a case for trial comes before thee?" He replied, "I will judge by the Book of God." He said, "And if thou do not find (a judgement) in the Book of God?" He replied, "Then (I will judge) according to the customary practice of the Apostle of God." He said, "And if thou do not find (a similar case) in the customary practice of the Apostle of God?" He replied, "I will do my best according to my own judgement and will not slacken effort."' (Muʿádh) said, 'Then the Apostle of God smote upon his breast, and said, "Praise be to God who has caused the messenger of the Apostle of God to agree with what the Apostle of God likes."'—At Tirmidhí, Abú Dáud.
It is related from Saʿíd binuʾl-Musayyib that, 'Verily a Muslim and a Jew disputed together before ʿOmar. And he saw that the right was with the Jew and gave judgement in his favour. Then the Jew said to him "By God! thou hast certainly given judgement according to justice." Then ʿOmar tapped him on the breast and said, "Who told thee that?" The Jew replied, "By God! I have found in the Taurát that there is no judge who judges justly, but one angel stays on his right-hand and one on his left, who direct him and bring him into conformity with justice so long as he judges justly. But when he forsakes justice, then they rise up and leave him."'—Málik.
On the Allowance and Presents of Rulers
It is related from Khawlah, the Helper, that she said, 'The Apostle of God said, "Verily there are men who unjustly appropriate part of God's money. For them will be the fire on the day of resurrection."'—Al Bukhárí.
It is related from ʿAbduʾlláh bin ʿAmr that he said, 'The Apostle of God cursed the giver of a bribe and the taker of it.'—Abú Dáud, Ibn Májah.
On Judgements and Evidence
It is related from Ibn ʿAbbás that, 'The Prophet said, "If men were given according to their claims, they would certainly lay claim to the blood of men as well as their property; but an oath is incumbent upon the defendant."'—Muslim.
It is related from Umm Salamah that, 'The Apostle of God said, "I am only a man, and ye dispute with one another before me. And it may be that some of you are cleverer in (presenting) his proofs than others, and I give judgement in his favour according to what I hear from him. Then ye in whose favour I give judgement concerning any of the rights of his brother, let him not take it; for I only cut off for him a piece of the fire."'—Muslim, Al Bukhárí.
It is related from ʿAmru bin Shuʿaib from his father, from his grandfather, that, 'The Prophet said, "It is incumbent on the plaintiff to produce proofs; and the defendant must take an oath."'—At Tirmidhí.
It is related from Abú Músáuʾl-Ashʿari that, 'Two men laid claim to a camel in the time of the Apostle of God. And each one of them produced two witnesses. Then the Prophet divided it into two halves between the two of them.' And in another tradition from An Nasái, Abú Dáud and Ibn Májah it runs, 'Two men laid claim to a camel, and neither of them had any proof; so the Prophet allotted it between the two of them.'
It is related from Al Ashʿath bin Qais that he said, 'There was a piece of land in the joint ownership of a man of the Jews and myself; and he denied me my right. Then I took him to the Prophet. And the latter said, "Hast thou any proof?" I said, "No." He said to the Jew, "Take thine oath." I said, "O Apostle of God, then he will swear and take away my property." Then God Most High sent down (the revelation) 'Verily those who sell God's covenant and their oaths for a small price, they shall suffer a grievous punishment.[1]"'—Abú Dáud, Ibn Májah.
It is related from Khuraim bin Fátik that he said, 'The Apostle of God prayed the morning prayer, and when he had finished he stood up and said, "False evidence has been made equal to associating anything with God." After that he recited (the verse)," Abstain from the pollution of idols, and abstain from falsehood, whilst inclining to God, and not associating anything with Him."[2]