The Book of Rulings: Insights from Muntaqaa Ibn Al-Jarood on Islamic Justice and Dispute Resolution
What has come concerning, Chapter: The book of rulings | Benefits from Muntaqaa Ibn Al-Jarood
بســـم اللــه الرحــمــن الـرحـــيــم
By our Shaykh, the ‘Allaamah, the Trustworthy Advisor, Abu ‘Abdirrahman Yahya bin ‘Ali Al-Hajoori – may Allaah preserve him –
(The book of rulings)
1 – On the authority of Umm Salamah may Allāh be pleased with her: (Verily you all come to me with your disputes so I judge according to what I hear, so whoever I judge for him with the right of his brother, – and in it (the hadith)- and perhaps some of you are more eloquent in presenting his argument than others)
2 – The hadith of Abī Hurairah may Allāh ﷻ be pleased with him that the Prophet ﷺ said (Reconciliation is authorized amongst the Muslims)
3 – The hadith of Aā’ishah may Allāh ﷻ be pleased with her (Whoever introduces into our affair what is not from it will have it rejected)
4 – The hadith of Bahz bin Hakīm on the authority of his father on the authority of his grandfather: (That the Prophet ﷺ withheld a man for an accusation an hour then released him.)
Summary of the first hadith:
1 – On the authority of Umm Salamah may Allāh ﷻ be pleased with her: (Verily you all come to me with your disputes so I judge according to what I hear, so whoever I judge for him with the right of his brother – and in it – and perhaps some of you are more eloquent in presenting his argument than others)
His statement perhaps some of you are more eloquent in presenting his argument than others
Meaning more stronger in presenting his argument than the others
It is benefited from the hadith:
That what is prohibited can be referred to as the fire because it is a means to the fire (due to his statement whoever I judge for the right of his brother then I am giving him a piece of the fire.)
And His statement:
(إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا)
Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies.”
Benefit: The word ‘bashar’ is used for the singular, dual and plural.
Benefit: The correct opinion is that the judge has no right to aid the eloquently deficient one in clarifying his argument.
Issue: Is it the right of the judge to rule by his knowledge and what he has seen? The correct opinion is that he does not rule by that until the proof stands and as for killing, then he does not kill by what he sees by consensus.
Summary of the hadith of Abī Hurairah may Allāh ﷻ be pleased with him: that the Prophet ﷺ said (Reconciliation is authorized amongst the Muslims)
{The scholars unanimously agreed on the legality of reconciliation}
(Reconciliation are divisions. 📚)
1 – Reconciling between Muslims and polytheists in that which is in the best interests of the Muslim for indeed the Prophet ﷺ reconciled with the Jews and other than them.
2 – Reconciliation between a married couple and reconciliation between them could be obligatory.
3 – Reconciling between the oppressive party and the just party due to the statement of Allāh ﷻ:
(وَإِن طَائِفَتَان)
“And if two parties or groups”
4 – Reconciling between two disputants as in the story of Zubair and the Ansāri (Irrigate O Zubair).
5 – Reconciling in injuries due to pardoning in it
6 – Reconciling in finalising disputes concerning wealth and this is the intent here.
Reconciling between two who have been separated.
8 – Reconciliation upon rejecting the claim: And it is that the claimant has a right unknown to the defendant so they reconcile amongst themselves on some of it because the claimant doesn’t have clear proof and the defendant is not being stubborn but rather he is unaware of it, so they reconcile, the majority of scholars are upon its acceptability due to the hadith
Reconciliation is authorized amongst the Muslims and others do not see this such as Shāfi’ē and some of the people of knowledge see that there is no reconciliation with rejection because it is like a contract with no compensation.
↪️ The correct opinion is its permissibility due to what has preceded.
Benefit: No one is forced to reconcile but verily it is by choice, so he either accepts and if not the original ruling is returned to like the story of Zubair bin Al-Awwām and the Ansāri.
↪️ The scholars have unanimously agreed that reconciliation is not allowed in the legal punishments concerning the rights of Allāh ﷻ as in the story of Usāmah and the Makhzūmiyyah and his statement “Are you interceding for a legal punishment from the legal punishments of Allāh?” They unanimously agreed that whoever has a right upon him so he reconciled to be relieved of some of it that it is prohibited if he knows that the right is upon him.
↪️ They unanimously agreed that upon reconciliation (is allowed) in every right that there is compensation such as injuries and blood money and capital offenses.
Explanation of the hadith of Aā’ishah may Allāh ﷻ be pleased with her, she said: The Messenger of Allah ﷺ said: (Whoever introduces into our affair what is not from it then it will be rejected) the hadith is authentic
↪️ Imam Ahmed said: The foundations of the religion are built upon three hadiths. 📚
- The first: Hadith of Umar may Allāh ﷻ be pleased with him (Verily actions are only by their intentions)
- The second: Hadith Nu’mān (The permissible is clear and the prohibited is clear..)
- The third: Hadith Aā’ishah (Whoever introduces into this affair of ours what is not from it..)
↪️ And this hadith is from the short concise speech of the Prophet ﷺ which contains a great and in-depth meaning.
↪️ And this hadith is from what is incumbent to be memorised by the young and old and likewise the hadith actions are by intentions and the hadith the permissible is clear and the prohibited is clear.
↪️ And there are many authorings on the topic of innovations and their foundation is this hadith
↪️ And this hadith is used as proof in creed and prayer and fasting and giving charity and the pilgrimage and in all affairs of the religion.
↪️ So the incorrect ruling is rejected and if the judge judged by something other than the truth it is rejected and whoever did an action which is in conformity with the legislation then his action is correct.
↪️ This hadith is half of the religion. Imām Ibn Rajab may Allāh ﷻ have mercy on him said: It is incumbent for every action to be underneath the legislative ruling, so whatever is in agreement with it is accepted and whatever opposes it is rejected.
Benefit: They unanimously agreed that the burden of proof is upon the claimant and the oath is upon the defendant.
The permissibility of withholding the accused:
Hadith Mu’āwiyah bin Haidah that the Prophet ﷺ) withheld a man for an accusation an hour then released him..)
And in this hadith is the foundation of withholding the accused until his affair is known
Ibn Al-Jarūd said this hadith is the best in this chapter concerning withholding the accused.
Witholding: is from the affairs of the legislation
The definition of tuhmah (accusation) with a dhammah on the taa and sukoon on the haa and it is from suspicion and it is thought that a matter is connected to a person, and this withholding is for investigation.
↪️ Benefit: Withholding is of two types: Withholding for punishment and withholding for investigation.
↪️ The reasonable doubt and accusation agree with each in that they are both not certain and they differ from each other that reasonable doubt is a means of removing the accusation and an accusation is an expression of doubt and they both contain the same meaning.
↪️ And accusations have an impact in the legislative rulings; for example the testimony of an enemy is not accepted because he is an enemy there is an accusation of enmity apparent due to the possibility of this accusation.
Nor the niggardly who has a close relative .
Nor a partner in what he is a partner with you in. Or a bequest in what he bequeathed.
Nor the child in harm to his mother
Nor the testimony of a wetnurse.
Or the testimony of a brother for his brother
And the rejection of a sinful person whose sin is apparent
And the rejection of the testimony of a profuse liar.
All of this is to prevent the means of being accused from the promptings of the Shaytān.
To sum up accusation has its chapter with the fuqahā
The other division: false accusations
- Firstly: That he is a sinful person accused of sinning.
- Secondly: A man known for his religion and uprightness but he is accused as in the story of Sa’d bin Abī Waqqās may Allāh ﷻ be pleased with him, a woman accused him of taking her land.
- Thirdly: An unknown person whose condition is not known.
So if he is righteous he is not chastised because good is thought of him as in the story of Sa’d bin Abī Waqqās may Allāh ﷻ be pleased with him because he is upright and Umar chose him for the Shūra and he is the first to shoot an arrow for the sake of Allāh.
And if he is sinful as in the story of Sabīgh bin ‘Asl then Umar beats with the durrah (A stick of his) and accuses the people of sin as well as holding them and chastising them due to the probability of sin.
And if his condition is unknown, he is not known for obedience or disobedience then he is withheld a normal withholding for further investigation until his condition becomes clear.
Issue: The claim is removed from its recipient if his innocence is proven.
Benefit: The timing of withholding of the accused is not limited to any amount.
↪️ From the benefits of the hadith is that the Prophet ﷺ used to pay attention to the rights and that he did not know the unseen except what Allāh ﷻ made apparent to him.
↪️ It is beneficial from the hadith giving importance to imprisonment to admonish the transgressors and imprisonment differs and that the one accused be isolated by himself and not be with the criminals, rapists and killers.
And Allāh knows best
Transcribed to Arabic and summarised by:
Hamood Ath-Thawaabi
may Allah reward him with good
on the 16th Rabī’ Ath-Thāni – 7th Jumāda Al-Oulā, 1440H
Translated by:
Abu ‘Abdillah ‘Omar bin Yahya Al-‘Akawi