What discretion does the Muslim ruler have when non-Muslim subjects (*Ahl adh-Dhimmah*) bring disputes before him, whether amongst themselves or one against another?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
When *Ahl adh-Dhimmah* bring their case before the ruler, or one seeks redress against another, the ruler has the discretion to either summon them and judge between them or to refuse judgment. This applies whether they belong to the same religion or different religions. This is the explicit position (*al-Manṣūṣ*) from Ahmad, and it is one opinion of Al-Shafi'i. The basis for this is the verse: "But if they come to you, judge between them or turn away from them" (Quran 5:42), which offers a choice between the two actions. This verse is understood to apply to those with whom the Prophet (peace be upon him) had a treaty in Medina, as they are non-believers, and judgment between them is not mandatory like it is for Muslims. If the ruler chooses to judge, he must judge according to the laws of Islam and with equity (*qisṭ*). If a judgment is rendered, it is binding, and anyone who refuses enforcement will be compelled to accept it, as they entered the covenant under the condition of adhering to Islamic rulings.
Supporting text
Another narration from Ahmad, which is the second opinion of Al-Shafi'i and preferred by Al-Muzani, states that judgment between them is obligatory, based on the verse: "And judge between them by what Allah has revealed" (Quran 5:49). This is justified by the obligation to defend one of them unjustly assailed, which necessitates judging between them, similar to Muslims.