The Judge’s Ruling is Enforced Outwardly, But Inwardly Depends on Reality
✍ Written by: Imran Ayyub Lahori
◈ The Judge’s Decision is Only Enforced Outwardly
Narrated by Umm Salamah (RA) that the Messenger of Allah ﷺ said:
إنما أنا بشر وإنكم تختصمون إلى ولعل بعضكم يكون ألحن بحجته من بعض فأقضى بنحو ما أسمع فمن قضيت له من حق أخيه شيئا فلا يأخذ فإنما أقطع له قطعة من النار
“I am only a human being. You bring your disputes to me, and perhaps some of you are more eloquent in presenting their arguments than others, so I judge according to what I hear. But if I grant someone a right that belongs to his brother, then he must not take it, for I have only cut for him a piece of fire.”
[Bukhari: 2458, 2680, 6967; Kitab al-Mazalim wal-Ghasb: Bab Ithm man khasama fi batil wa huwa ya’lamuhu, Muslim: 1713, Abu Dawud: 3583, Tirmidhi: 1339, Nasa’i: 8/233, Ibn Majah: 2317, Ahmad: 6/203, Humaydi: 296, Ibn Hibban: 5070, Dar Qutni: 4/239, Bayhaqi: 10/149]
◈ Opinions of Scholars
✔ Imam Nawawi (رحمه الله):
To believe that the ruler’s judgment makes both the outward and inward lawful is against this authentic Hadith and against consensus.
[Sharh Muslim: 6/247]
✔ Imam Shawkani (رحمه الله):
The ruler’s judgment cannot make inwardly unlawful things lawful.
[Nayl al-Awtar: 5/373]
✔ Imam Shafi’i (رحمه الله):
The ruler’s judgment does not make the unlawful lawful. This is agreed upon by consensus.
✔ Ibn Hajar (رحمه الله):
This Hadith is evidence for those who say the ruler’s decision is only outwardly enforceable, and there is no objection to this.
✔ The Majority & Qadi Abu Yusuf (رحمه الله):
Thus, inwardly the ruling is not enforceable such that it could change lawful into unlawful.
✔ Ibn Hazm (رحمه الله):
A judge’s ruling cannot make something lawful that was unlawful from Allah before the ruling, nor make unlawful what was lawful before the ruling.
✔ Imam Abu Hanifah (رحمه الله):
The ruler’s judgment is enforceable both outwardly and inwardly.
(To understand the Hanafi stance, see the following examples):
◈ Examples from the Hanafi View
① If two false witnesses testify that a man has divorced his wife, and the ruler passes judgment accordingly, separation becomes binding, and it is lawful for either of the false witnesses to marry that woman — even if her real husband never divorced her.
② Similarly, if two false witnesses testify that a father married his daughter with her consent to someone, and the ruler issues judgment accordingly, then sexual relations with that woman become lawful (even legally), although in reality she was never married off.
(The meaning of “inwardly enforceable” here is that, even if something is truly unlawful, once the judge permits it, it becomes legally lawful — meaning there will be no punishment or accountability upon taking it. But undoubtedly this is in clear contradiction with the explicit texts of the Qur’an and Sunnah).
[Sharh Muslim by Nawawi: 6/347, Nayl al-Awtar: 5/373, Fath al-Bari: 15/80, Sharh Ma’ani al-Athar: 4/155, al-Muhalla bil-Athar: 8/516, al-Rawdah al-Nadiyyah: 2/550, Qafu al-Athar: 5/1842, Sabil al-Salam: 4/1921]
◈ The Preferred View (الراجح)
Every opinion opposing the Hadith is false, and in this matter, the stance of Imam Abu Hanifah (رحمه الله) is against Hadith.
That which has been decided in one’s favor is not lawful for him unless the judgment is based on reality.
◈ Evidences
① Allah Almighty says:
وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِيقًا مِّنْ أَمْوَالِ النَّاسِ بِالْإِثْمِ وَأَنتُمْ تَعْلَمُونَ [البقرة: 188]
“And do not consume one another’s wealth unjustly, nor present it to the rulers (as a bribe) in order to consume a portion of people’s wealth sinfully, while you know (it is wrong).”
② The Hadith of the Prophet ﷺ states:
فمن قضيت له بشيئ من مال أخيه فلا يأخذه فإنما أقطع له قطعة من النار
“So, if I grant someone a portion of his brother’s wealth (through judgment), let him not take it, for I am only cutting for him a piece of fire.”
[Bukhari: 6967, Kitab al-Hiyal: Bab idha ghasaba jariyah fa za’ama annaha matat faqada biqimatihi, Muslim: 3231, Nasa’i: 3506, Ahmad: 25286, Muwatta: 1205]
