Etiquettes of the Judge’s Assembly and the Necessity of Listening Before Passing Judgment
✍ Written by: Imran Ayyub Lahori
◈ Equality in the Assembly
It is obligatory upon the judge to treat both parties equally in the assembly, except if one of them is a disbeliever.
① ‘Abdullah bin Zubair (RA) said:
قضي رسول الله صلى الله عليه وسلم أن الـخـصـمـيـن يقعدان بين يدى الحاكم
“The Messenger of Allah ﷺ decided that the two disputing parties should sit before the judge.”
[Da‘if: Da‘if Abu Dawud: 769, Kitab al-Qada: Bab kayfa yajlisu al-khasman bayna yaday al-qadi, Abu Dawud: 3588, Ahmad: 4/4, Bayhaqi: 10/135. Shaykh Hazim ‘Ala Qadi graded it Sahih li ghayrihi, Ta‘liq ‘ala Sabil al-Salam: 4/1927]
② ‘Ali (RA) once had a dispute with a Jew and came to Qadi Shurayh for judgment. He sat with the judge and said:
“If my opponent were a Muslim, I would have sat with him, but I heard the Messenger of Allah ﷺ say:”
لاتسا ووهم فى المجالس
“Do not equate them (non-Muslims) with yourselves in gatherings.”
[Talkhis al-Habir: 4/355, al-Hilyah by Abu Nu‘aym: 4/139, al-‘Ilal by Ibn al-Jawzi: 2/388, Sabil al-Salam: 4/1927, Nayl al-Awtar: 5/369]
Although the narration of ‘Ali (RA) has some weakness, its meaning is supported by various Ahadith, such as:
وإذا لقيتموهم فى طريق فاضطروهم إلى أضيقه
“When you meet them (the People of the Book) in a path, force them to its narrow side.”
[Muslim: 2167, Kitab al-Salam: Bab al-Nahy ‘an Ibtida’ Ahl al-Kitab bi al-Salam, Tirmidhi: 2624, Ahmad: 7251]
And in another Hadith:
الإسلام يعلو ولا يعلى عليه
“Islam is elevated, and nothing is elevated above it.”
[Sahih: Sahih al-Jami‘ al-Saghir: 2778, Irwa’ al-Ghalil: 1268]
◈ Listening to Both Parties Before Judgment
The Messenger of Allah ﷺ said to ‘Ali (RA):
إذا جلس إليك الخصمان فلا تقض بينهما حتى تسمع من الآخر كما سمعت من الأول فإنك إذا فعلت ذلك تبين لك القضاء
“When two disputants sit before you, do not judge between them until you have heard the other just as you heard the first. If you do so, it will become clear to you how to pass judgment.”
[Sahih: Irwa’ al-Ghalil: 8/226, 2600, Ahmad: 1/111, Abu Dawud: 3582, Kitab al-Qada: Bab kayfa al-Qada, Tirmidhi: 1331, Ibn Hibban: 5042]
◈ Removing Barriers Between the Judge and the People
① Abu Maryam Azdi (RA) narrated that the Messenger of Allah ﷺ said:
من ولاه الله شيئا من أمر المسلمين فاحتجب عن حاجتهم وفقرهم احتجب الله دون حاجته
“Whoever Allah appoints over the affairs of the Muslims, and he veils himself from their needs and poverty, Allah will veil Himself from his needs.”
[Sahih: al-Sahihah: 629, Abu Dawud: 2948, Kitab al-Kharaj: Bab fima yalzam al-imam min amr al-ra‘iyyah, Tirmidhi: 1333. Ibn Hajar graded its isnad as good, Fath al-Bari: 13/133]
② ‘Amr bin Murrah (RA) narrated that the Messenger of Allah ﷺ said:
ما من إمـام أو وال يغلق بابه دون ذوى الحاجة والخلة والمسكنة إلا أغلق الله أبواب السماء دون خلته وحاجته و مسكنته
“No leader or governor who closes his door against those in need, the poor, and the destitute, except that Allah will close the gates of the heavens against his poverty, need, and destitution.”
[Sahih: al-Sahihah: 629, Mishkat: 3728, Sahih Abu Dawud: 2614, Tirmidhi: 1332, Kitab al-Ahkam: Bab ma ja’a fi imam al-ra‘iyyah, Ahmad: 4/231, Hakim: 4/94]
However, it is permissible for the ruler to observe privacy when necessary, as his soul, his family, and his guests have rights upon him.
[Nayl al-Awtar: 5/363]
As the Hadith states:
إن لربك عليك حقا و لنفسك عليك حقا ولأ هلك عليك حقا
“Indeed, your Lord has a right upon you, your self has a right upon you, and your family has a right upon you.”
[Bukhari: 1968, Kitab al-Sawm: Bab man aqsama ‘ala akhihi liyuftira fi al-tatawwu‘]
Thus, the Messenger of Allah ﷺ also sometimes observed seclusion. Abu Musa al-Ash‘ari (RA) narrated that he used to serve as the doorkeeper of the Prophet ﷺ.
[Bukhari: 3674, Kitab Fada’il Ashab al-Nabi: Bab, Muslim: 2403]
It is also reported that:
أنه كان له (لعمر) حاجب يقال له برفا
“‘Umar (RA) had a doorkeeper whose name was Yarfa’.”
[Bukhari: 3094, Kitab Fard al-Khums: Bab, Muslim: 1757]
◈ Scholarly Commentary
❀ Imam Shawkani (رحمه الله):
The judge should not summon the people all at once for judgment, but rather call them one by one so that noise and confusion do not cause corruption in judgment.
[Nayl al-Awtar: 5/363]
❀ Ibn Hajar (رحمه الله):
Scholars agree that judgment should be given to the one who arrives first, and similarly a traveler should be judged before a resident. They also agree that whoever is appointed as a doorkeeper must be trustworthy, reliable, chaste, of good character, and perceptive of people’s minds.
[Fath al-Bari: 15/30]
◈ Helpers and Assistants for the Judge
The judge may keep assistants as needed and may use mediation, advice, and reconciliation efforts.
Anas (RA) said:
إن قيس بن سعد رضى الله عنه كان يكون بين يدى النبى صلى الله عليه وسلم بمنزلة صاحب الشرط من الأميز
“Qays bin Sa‘d (RA) used to be before the Prophet ﷺ as the commander of security is before the ruler.”
[Bukhari: 7155, Kitab al-Ahkam: Bab al-Hakim yahkum bi al-qatl ‘ala man wajaba ‘alayhi duna al-imam alladhi fawqahu, Tirmidhi: 3850]
This Hadith establishes the permissibility for rulers and governors to appoint guards and assistants for protection.
[Fath al-Bari: 15/33]
◈ Example of Reconciliation
Ka‘b bin Malik (RA) demanded repayment of a debt from Ibn Abi Hadrad. Their voices were raised in the mosque until the Messenger of Allah ﷺ heard from his house. He lifted the curtain of his room, called Ka‘b (RA), and said:
ضع من دينك هذا وأوما إليه أى الشطر
“Reduce your debt by this much,” and he indicated half.
Ka‘b (RA) said: “O Messenger of Allah, I have done so.”
Then the Prophet ﷺ said to the debtor:
قم فاقضه
“Stand up and pay him back.”
[Bukhari: 457, Kitab al-Salat: Bab al-Taqadi wal-Mulazamah fi al-Masjid, Muslim: 1558, Abu Dawud: 3595, Ibn Majah: 2429, Nasa’i: 8/239, Ibn Hibban: 5048, Ahmad: 6/390, Darimi: 2/261, Tabarani: 19/127]
Similar narrations were discussed earlier in Bab al-Sulh. For further detail, refer there.
