Qualities of a Judge: Justice, Piety, and Impartiality
✍ Written by: Imran Ayyub Lahori
◈ The Judge Must Rule With Justice and Avoid Desires
Allah Almighty says:
يَا دَاوُودُ إِنَّا جَعَلْنَاكَ خَلِيفَةً فِي الْأَرْضِ فَاحْكُم بَيْنَ النَّاسِ بِالْحَقِّ وَلَا تَتَّبِعِ الْهَوَىٰ فَيُضِلَّكَ عَن سَبِيلِ اللَّهِ ۚ إِنَّ الَّذِينَ يَضِلُّونَ عَن سَبِيلِ اللَّهِ لَهُمْ عَذَابٌ شَدِيدٌ بِمَا نَسُوا يَوْمَ الْحِسَابِ [ص: 26]
“O Dawud! Indeed, We have made you a vicegerent upon the earth, so judge between the people with truth, and do not follow desires, for they will mislead you from the path of Allah. Indeed, those who go astray from the path of Allah will have a severe punishment, because they forgot the Day of Reckoning.”
A judge who does not abstain from people’s wealth will inevitably fall into bribery, and as a result, he will not be able to judge with truth. Likewise, an unjust judge knowingly abandons justice, and such a person falls under the warning given regarding judges destined for Hell:
رجل عرف الحق و جار فى الحكم
“One who knows the truth but commits injustice in judgment.”
◈ Scholarly Commentary
✔ Ibn Taymiyyah (رحمه الله):
The scholars are unanimous that issuing judgment or a fatwa purely based on desire is haram.
[Akhbar al-‘Ilmiyyah fi al-Ikhtiyarat al-Fiqhiyyah: p.480]
✔ Shah Waliullah (رحمه الله):
Whoever occupies the position of judiciary must be a just person, free from oppression or inclination towards either side. He must be a scholar who recognizes the truth — especially well-versed in judicial matters and their hidden intricacies. Without such qualities, true benefit and proper administration of justice cannot exist.
[Hujjat Allah al-Balighah: 2/166]
