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سنن ابي داود
Abu Dawud
كتاب الأقضية
The Office of the Judge (Kitab Al-Aqdiyah)
باب فِي الْقَاضِي يُخْطِئُ
Chapter: Regarding The Judge Who Is Mistaken.
Sunan Abu Dawud 3576 — Regarding The Judge Who Is Mistaken
حَدَّثَنَا إِبْرَاهِيمُ بْنُ حَمْزَةَ بْنِ أَبِي يَحْيَى الرَّمْلِيُّ ، حَدَّثَنَا زَيْدُ بْنُ أَبِي الزَّرْقَاءِ ، حَدَّثَنَا ابْنُ أَبِي الزِّنَادِ ، عَنْ أَبِيهِ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ ، عَنِ ابْنِ عَبَّاسٍ ، قَالَ : " وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ إِلَى قَوْلِهِ الْفَاسِقُونَ سورة المائدة آية 44 ـ 47 هَؤُلَاءِ الْآيَاتِ الثَّلَاثِ نَزَلَتْ فِي الْيَهُودِ خَاصَّةً فِي قُرَيْظَةَ وَالنَّضِيرِ " .
Ibn Abbas said: "If any do fail to judge (by the light of) what Allah has revealed, they are (no better than) unbelievers" up to "wrongdoers. " These three verses were revealed about the Jews, particularly about Quraizah and al-Nadir.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: In these verses, it is stated that those who do not judge according to the Shari‘ah revealed by Allah—
they are disbelievers (kafir).
They are wrongdoers (zalim).
They are defiantly disobedient (fasiq).
From the statement of Ibn Abbas radi Allahu anhu, it is understood that if the parties involved in the judgment are non-Muslims,
even then, the judgment must be made according to divinely revealed laws,
even if those are the laws of their own heavenly book.
If the judgment is to be made according to their self-made laws, then no Muslim can accept such a position.
Let alone that judgments among Muslims be made by laws other than the laws of revelation!
Benefit: In these verses, it is stated that those who do not judge according to the Shari‘ah revealed by Allah—
they are disbelievers (kafir).
They are wrongdoers (zalim).
They are defiantly disobedient (fasiq).
From the statement of Ibn Abbas radi Allahu anhu, it is understood that if the parties involved in the judgment are non-Muslims,
even then, the judgment must be made according to divinely revealed laws,
even if those are the laws of their own heavenly book.
If the judgment is to be made according to their self-made laws, then no Muslim can accept such a position.
Let alone that judgments among Muslims be made by laws other than the laws of revelation!
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3576
