What is the inherent peril associated with assuming the judicial office?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 3 · Bab 1

Open in Qurani

Primary text

There is a grave danger and immense burden (wazr) for one who fails to execute the judicial duty properly. Because of this recognized peril, the pious predecessors (Salaf) rigorously avoided assuming the position, fearing its inherent risks. Abu Qilabah fled from being appointed judge of Basra to Yamamah, and upon being sought there, fled to Sham. When told he was the only one left, he likened himself to a swimmer who swims strongly the first two days but becomes exhausted on the third. It was commonly said that the most knowledgeable person about judging is the one who dislikes it the most. Due to its seriousness, the Prophet, peace be upon him, stated: "Whoever is made a judge, it is as if he has been slaughtered without a knife" (Hasan according to Tirmidhi).

Supporting text

The interpretation of this final Hadith is not to condemn the judiciary itself, but rather to describe the immense hardship (mashaqqah) involved, likening the burden placed upon the judge to the hardship of being slaughtered without a knife.