Ruling on Taking Salary for the Position of Judge (Qāḍī)
Written by: Imran Ayyub Lahori
It is permissible for a judge (Qāḍī) to receive a salary for holding the position of judiciary, as long as it does not exceed the limits of need and fairness.
Qāḍī Shurayḥ used to receive a salary for his position.
ʿĀʾishah (RA) said: “The guardian of an orphan may take expenses according to his work.”
Similarly, Abū Bakr (RA) and ʿUmar (RA) also received sufficient allowance from Bayt al-Māl while serving as Caliphs.
Reference: [Bukhārī, Kitāb al-Aḥkām, Bāb Rizq al-Ḥukkām wa’l-ʿĀmilīn, 7163]
When ʿAbdullāh ibn Saʿdī (RA) came during the Caliphate of ʿUmar (RA), ʿUmar asked him:
"Is it true that you are given work over people, but when a salary is offered to you, you dislike taking it?"
He replied: "Yes, it is true. I have horses and slaves, I am financially well, and I wish my salary be considered charity for Muslims."
ʿUmar (RA) said: "Do not do that. I too had the same thought. When the Messenger of Allah ﷺ gave me something, I said: Give it to someone in greater need than me. The Prophet ﷺ then gave me wealth again, and I repeated the same. So the Prophet ﷺ said:"
«خذه فتموله وتصدق به فما جآء ك من هذا المال وأنت غير مشرف ولا سائل فخذه وإلا فلا تتبعه نفسك»
"Take it, then use it as wealth or give it in charity. Whatever comes to you of this wealth without your greed or request, take it. But if it does not come in that manner, then do not pursue it."
Reference: [Bukhārī: 7163, Kitāb al-Aḥkām]
✔ A judge may receive a salary from Bayt al-Māl for his judicial services.
✔ The condition is that it should be within the limits of sufficiency and necessity, not extravagance.
✔ The righteous scholars and jurists did not see any objection in this, and there is consensus on its permissibility.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Written by: Imran Ayyub Lahori
❖ The Principle
It is permissible for a judge (Qāḍī) to receive a salary for holding the position of judiciary, as long as it does not exceed the limits of need and fairness.
➊ Example of Qāḍī Shurayḥ
Qāḍī Shurayḥ used to receive a salary for his position.
ʿĀʾishah (RA) said: “The guardian of an orphan may take expenses according to his work.”
Similarly, Abū Bakr (RA) and ʿUmar (RA) also received sufficient allowance from Bayt al-Māl while serving as Caliphs.
Reference: [Bukhārī, Kitāb al-Aḥkām, Bāb Rizq al-Ḥukkām wa’l-ʿĀmilīn, 7163]
➋ Example of ʿAbdullāh ibn Saʿdī with ʿUmar (RA)
When ʿAbdullāh ibn Saʿdī (RA) came during the Caliphate of ʿUmar (RA), ʿUmar asked him:
"Is it true that you are given work over people, but when a salary is offered to you, you dislike taking it?"
He replied: "Yes, it is true. I have horses and slaves, I am financially well, and I wish my salary be considered charity for Muslims."
ʿUmar (RA) said: "Do not do that. I too had the same thought. When the Messenger of Allah ﷺ gave me something, I said: Give it to someone in greater need than me. The Prophet ﷺ then gave me wealth again, and I repeated the same. So the Prophet ﷺ said:"
«خذه فتموله وتصدق به فما جآء ك من هذا المال وأنت غير مشرف ولا سائل فخذه وإلا فلا تتبعه نفسك»
"Take it, then use it as wealth or give it in charity. Whatever comes to you of this wealth without your greed or request, take it. But if it does not come in that manner, then do not pursue it."
Reference: [Bukhārī: 7163, Kitāb al-Aḥkām]
❖ Opinions of Scholars
- Ibn Ḥazm (رحمه الله):
Receiving sustenance (salary) for the position of judge is permissible.
[al-Muḥallā bi’l-Āthār, 8/536] - Ṣiddīq Ḥasan Khān (رحمه الله):
Taking allowance from Bayt al-Māl according to need is permissible for a judge who avoids people’s wealth and is not greedy.
[al-Rauḍah al-Nadiyyah, 2/539] - The Majority (Jumhūr):
It is permissible for a ruler or judge to take a salary from the government/Bayt al-Māl according to sufficiency.
[Fatḥ al-Bārī, 16/518] - Abū ʿAlī Karābīsī (رحمه الله):
There is no harm in a judge taking salary for his work. - Ibn Ḥajar (رحمه الله):
I do not know of any disagreement among the jurists on this issue.
❖ Conclusion
✔ A judge may receive a salary from Bayt al-Māl for his judicial services.
✔ The condition is that it should be within the limits of sufficiency and necessity, not extravagance.
✔ The righteous scholars and jurists did not see any objection in this, and there is consensus on its permissibility.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
