Daraqutni

Abu al-Malih al-Hudhali narrates: Sayyiduna Umar ibn al-Khattab (may Allah be pleased with him) wrote a letter to Sayyiduna Musa al-Ash’ari (may Allah be pleased with him) in which it was written: (To proceed!) Judgement is such an obligation that is extremely necessary and a method that must be maintained. So when evidence is presented before you, and the truth becomes clear, then implement it, and there is no benefit in discussing a right that cannot be enforced. Sit with people on a level of equality, consider them equal, so that no weak person loses hope in your justice and fairness, and no person of status expects any excess from you. The burden of proof is upon the one who makes a claim, and an oath is required from the one who denies it. It is permissible to reconcile between Muslims, except for such reconciliation that makes something unlawful lawful, or makes something lawful unlawful. The next day, while making a decision, do not let it hinder you that you have reconsidered it and have understood a new solution to the issue. The reason is that you must return to the truth; the truth is ancient, and returning to the truth is better than persisting in falsehood. Use understanding in every matter about which you have doubt, and regarding which no ruling from the Book or the Sunnah has reached you; in such a case, consider similar cases and use analogy in rulings, and give preference to that which seems more beloved to Allah Almighty and more similar to the truth, according to your opinion. If the person who has made a claim asks for time to present evidence, then grant him time to present evidence, and if evidence is presented, then decide according to his right; if not, then decide against that person. The reason is that this situation has become clear even to a blind person and is more eloquent in terms of excuse. Every Muslim is just; they are related to one another, except for the person who has been flogged as a punishment for a hadd crime, or the person who is known to give false testimony, or about whom it is suspected that he is giving false testimony due to being a guardian or due to kinship—so be mindful of that. The reason is that the inner matters belong to Allah Almighty, but on the basis of evidence, the punishment will be removed from you. And yes, avoid troubling people and causing them distress, and avoid disputing over the truth regarding such a place, as a result of which Allah Almighty will make the reward obligatory; this will become a treasure for you in the Hereafter. The reason is that in the matter between Allah Almighty and the servant, whoever’s intention is correct, even if that thing is against himself, Allah Almighty will protect that person from harm from people, and whoever is adorned in the eyes of people, but Allah Almighty’s knowledge about him is different, then Allah Almighty will disgrace that person. So why should you seek reward from anyone other than Allah Almighty? While Allah Almighty grants immediate sustenance and also grants the treasures of His mercy, and peace be upon you.

It is narrated about Sa'id bin Abu Burdah that once he took out a letter of Sayyiduna Umar (may Allah be pleased with him) and said: This is a letter of Sayyiduna Umar (may Allah be pleased with him). Then the narrator named Sufyan read this letter in front of me, in which it was written: (Amma ba'd!) Judgement is such an obligation that is necessary, and it is a method that must be maintained. You should understand that when a case comes before you, speaking about the truth is of no benefit if that truth cannot be enforced. While sitting among the people, facing them, dealing with them justly, keep in mind that no person of status should hope for any excess from you, and no weak person should fear any injustice from you. The one who makes a claim is required to present evidence, and the one who denies must take an oath. It is permissible to reconcile between Muslims, except for such reconciliation that declares something unlawful as lawful or something lawful as unlawful. The decision you made the previous day should not prevent you, provided you have reflected upon it and then have been guided to what is correct, it should not prevent you from returning to the truth. The reason is that the truth is ancient, and nothing can invalidate the truth, and returning to the truth is better than persisting in falsehood. Any matter that causes you doubt, try to understand it, and regarding that which has not reached you from the Qur'an and Sunnah, in such a case, estimate it by comparing it to another similar and analogous situation, then use analogy in matters, and choose the situation that is more beloved to Allah Almighty and closer to the truth, as it appears to your understanding. Give the claimant time so that during this period he may present his evidence; if he does, then fine, otherwise decide against him, because now the situation will become clear even to a blind person and will be a more eloquent excuse. All Muslims are just, and are related to one another, except for the person who has been flogged as a punishment for a hadd crime, or about whom it is experienced that he gives false testimony, so be mindful of him. The reason is that the inner matters are for Allah Almighty, but on the basis of evidence, punishment will be removed from you, and yes, avoid troubling people, avoid harassing them, and avoid opposing the truth in such a place, as a result of which Allah Almighty will make reward obligatory, and this will become a provision for your Hereafter. The reason is that between Allah Almighty and the servant, whoever's intention is correct, even if that thing is against himself, Allah Almighty will protect him from harm from people, and whoever is adorned in the eyes of people but his knowledge about Allah Almighty is different, Allah Almighty will disgrace that person. So why should you seek reward from anyone other than Allah Almighty? Whoever's intention is correct in the matter of Allah Almighty, Allah Almighty protects him in every matter, and whoever appears good to people but is not so in the court of Allah Almighty, Allah Almighty disgraces that person.

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings be upon him): "There will come to you such narrations that will differ from one another, so whoever receives a narration that is in accordance with the Book of Allah, then it is from me; and whoever receives something that opposes my Sunnah, then it is not from me."

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings be upon him): "If you hear a hadith from me that you understand, and you cannot deny it, then affirm it. And whatever you are denying, which you do not understand and you feel that this would not be my statement (then you may deny it)."

The same narration is transmitted with another chain, however, in it these additional words are present: "The reason for this is that I will say only that which is recognized and not that which is rejected. I will not say that which is rejected and not recognized."

Sayyiduna Ali bin Abi Talib (may Allah be pleased with him) narrates that the Noble Prophet (peace and blessings be upon him) said: "After me, there will be some people who will narrate traditions from me, so present those narrations before the Qur'an; whatever is in accordance with the Qur'an, accept it, and whatever is not in accordance with the Qur'an, do not accept it." (Imam Daraqutni says:) The narration is mistaken; the correct version is that from Asim, from Imam Zaid, from Imam Zain al-Abidin (may Allah have mercy on him), it is transmitted as a "mursal" narration from the Noble Prophet (peace and blessings be upon him).

Sayyiduna Jabir (may Allah be pleased with him) narrates that two men brought a dispute regarding a she-camel to the Prophet Muhammad (peace be upon him). One of them said: "This she-camel gave birth to a calf at my place." Each of them presented evidence, so the Prophet Muhammad (peace be upon him) gave the verdict in favor of the person in whose possession the she-camel was at that time.

Abu Qais, who is the servant of Sayyiduna Amr ibn al-As, narrates: The Noble Prophet (peace and blessings be upon him) said: "When a judge exercises ijtihad (independent reasoning) while making a decision and makes a mistake in it, he receives one reward, and if he exercises ijtihad while making a decision and gives a correct judgment, he receives two rewards."

Another narration is reported from Sayyiduna Abu Hurairah (may Allah be pleased with him) from the Prophet Muhammad (peace and blessings be upon him).

Sayyiduna Amr ibn al-As (may Allah be pleased with him) narrates that the Noble Prophet (peace and blessings be upon him) said: "When a judge exercises ijtihad while passing a judgment and makes a mistake, he receives one reward, and if he passes a correct judgment, he receives two rewards."

This narration is also transmitted through another chain.

Alqamah bin Wa'il narrates from his father: A man from Hadhramaut and a man from Kindah came to the service of the Prophet Muhammad (peace be upon him). The man from Hadhramaut said: O Messenger of Allah! This man has seized my land; the land belonged to my father. The other man said: The land is mine and is in my possession; I cultivate it, and this man has no right to it. The Prophet Muhammad (peace be upon him) asked the man from Hadhramaut: "Do you have any proof?" He replied: No! The Prophet Muhammad (peace be upon him) said: "Then the other party will take an oath." The man from Hadhramaut asked: O Messenger of Allah! He will not care what kind of oath he takes, because he does not refrain from committing sins. The Prophet Muhammad (peace be upon him) said: "This is the only way for you." Then that man took the oath. When he left, the Prophet Muhammad (peace be upon him) said: "If he has taken an oath regarding the property of another person in order to seize it unjustly, then when he appears before Allah Almighty, Allah will turn away from him."

Abu Huraira (may Allah be pleased with him) reports that two men claimed ownership of an animal. Neither of them had any proof, so the Prophet (peace and blessings of Allah be upon him) ordered both of them: "Both of you should swear an oath and share it between yourselves."

The same narration is transmitted with another chain, however, in it these additional words are present: "Whether both are pleased or do so under compulsion."