❖ Judge’s Decision Based on His Own Knowledge: Sharʿī Legitimacy and Scholarly Differences ❖
By: Imran Ayub Lahori
Sharʿī Rule
A judge (ḥākim/qāḍī) may pass judgment based on his own knowledge, provided there is no fear of suspicion or accusation.
✿ Evidence from Hadith
① Sayyidunā Abū Hurayrah رضي الله عنه reported:
Two men came with a dispute before the Prophet ﷺ. He said to the claimant:
اقسم البينة
“Present your evidence.”
When he failed, the Prophet ﷺ asked the defendant to take an oath. He swore by Allah that he had nothing of the other’s property. The Prophet ﷺ said:
قد فعلت ولكن غفر لك بإخلاص لا إله إلا الله
“You have done so, but Allah has forgiven you due to your sincerity in saying lā ilāha illallāh.”
Another narration has:
بل هو عندك ادفع إليه حقه
“Rather, it is with you — so give him his right.”
(Ṣaḥīḥ Abū Dāwūd: 2803, 3275; al-Nasāʾī al-Kubrā: 3/489, 6006; Musnad Aḥmad: 1/253; al-Ḥākim: 4/95)
② Imām al-Bukhārī رحمه الله established a chapter:
من ر أى للقاضى أن يحكم بعلمه فى أمر الناس إذا لم يخف الظنون والتهمة
“Whoever holds that a judge may pass judgment based on his own knowledge in people’s matters, provided there is no fear of suspicion or accusation.”
Under this, he cited the hadith of Hind رضي الله عنها, where the Prophet ﷺ said to her:
خذى ما يكفيك وولدك بالمعروف
“Take from his wealth what is sufficient for you and your child, in fairness.”
(Ṣaḥīḥ al-Bukhārī: 7161, Kitāb al-Aḥkām)
Here, the Prophet ﷺ ruled based only on his own knowledge without external evidence or witnesses.✿ Scholarly Opinions
- Abū Ḥanīfah, Abū Yūsuf:
A judge may decide by his knowledge only in financial cases. - Some Mālikīs, Shāfiʿīs:
He may decide by his knowledge in all matters except ḥudūd. - Ibn al-ʿArabī:
He cannot decide by his knowledge in any case. - al-Shawkānī:
“There is no doubt that it is permissible for a judge to decide by his knowledge.”
(Nayl al-Awṭār 5/382; Fatḥ al-Bārī 15/64) - Ibn Ḥazm:
It is obligatory upon the judge to decide all cases based on his own knowledge.
(al-Muḥallā 8/523)
Conclusion (Rājiḥ View):
The stronger opinion is that it is permissible without restriction for the judge to pass judgment based on his knowledge in all matters, provided there is no risk of suspicion or bias.
