Author: Dr. Muhammad Zia-ur-Rahman A‘zami (رحمه الله)
A judge must be wise and discerning. Where gentleness is needed, he should be gentle; and where strictness is required, he should be firm. However, kindness, good character, and leniency should generally prevail—unless the situation demands otherwise.
Allah the Exalted says:
﴿وَلَا تُجَادِلُوا أَهْلَ الْكِتَابِ إِلَّا بِالَّتِي هِيَ أَحْسَنُ إِلَّا الَّذِينَ ظَلَمُوا مِنْهُمْ﴾
[Surah Al-‘Ankabut: 46]
“And do not argue with the People of the Book except in a manner that is best—except with those among them who commit injustice.”
This verse illustrates that even while addressing adversaries, gentle conduct should be maintained until and unless injustice or oppression necessitates firmness.
Allah says:
﴿فَبِمَا رَحْمَةٍ مِّنَ اللَّهِ لِنتَ لَهُمْ﴾
[Surah Aal ‘Imran: 159]
“So by mercy from Allah, you were gentle with them.”
Also,
﴿وَقُولُوا لِلنَّاسِ حُسْنًا﴾
[Surah Al-Baqarah: 83]
“And speak to people with kindness.”
If the judge observes that the individual he is dealing with is:
Then there is no harm in showing strictness—even rebuking the person clearly and informing them of the consequences of their wrongdoing.
In some cases, the situation may require:
...as a matter of necessity.
As long as issues can be addressed within the realm of gentleness, respectful dialogue, and sincere counsel, that approach should always be preferred. However, if the matter escalates or the guilty party acts arrogantly, the judge is justified in using appropriate firmness.
[Ibn Baz: Majmu‘ al-Fatawa wa al-Maqalat: 23/208]
❖ The Judge’s Conduct and Manner in Performing His Duty
A judge must be wise and discerning. Where gentleness is needed, he should be gentle; and where strictness is required, he should be firm. However, kindness, good character, and leniency should generally prevail—unless the situation demands otherwise.
Allah the Exalted says:
﴿وَلَا تُجَادِلُوا أَهْلَ الْكِتَابِ إِلَّا بِالَّتِي هِيَ أَحْسَنُ إِلَّا الَّذِينَ ظَلَمُوا مِنْهُمْ﴾
[Surah Al-‘Ankabut: 46]
“And do not argue with the People of the Book except in a manner that is best—except with those among them who commit injustice.”
This verse illustrates that even while addressing adversaries, gentle conduct should be maintained until and unless injustice or oppression necessitates firmness.
❖ Foundational Qur'anic Principles of Judicial Temperament
Allah says:
﴿فَبِمَا رَحْمَةٍ مِّنَ اللَّهِ لِنتَ لَهُمْ﴾
[Surah Aal ‘Imran: 159]
“So by mercy from Allah, you were gentle with them.”
Also,
﴿وَقُولُوا لِلنَّاسِ حُسْنًا﴾
[Surah Al-Baqarah: 83]
“And speak to people with kindness.”
❖ Dealing with Persistent Wrongdoers
If the judge observes that the individual he is dealing with is:
- Deliberately avoiding the truth, or
- Intentionally misleading or confusing others,
Then there is no harm in showing strictness—even rebuking the person clearly and informing them of the consequences of their wrongdoing.
In some cases, the situation may require:
- Detention, or
- Punitive measures,
...as a matter of necessity.
Conclusion:
As long as issues can be addressed within the realm of gentleness, respectful dialogue, and sincere counsel, that approach should always be preferred. However, if the matter escalates or the guilty party acts arrogantly, the judge is justified in using appropriate firmness.
[Ibn Baz: Majmu‘ al-Fatawa wa al-Maqalat: 23/208]
