What is the legal ruling regarding the performance of the judiciary (Qada)?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 2 · Bab 1

Open in Qurani

Primary text

The judiciary is a collective obligation (Fard Kifayah) because the affairs of the people cannot be properly managed without it, rendering it obligatory upon the community, similar to Jihad and the Imamate. Ahmad affirmed the necessity of a ruler for the people to prevent the loss of rights. Great virtue lies with one capable of undertaking this duty and fulfilling its responsibilities, which is why Allah granted a reward even for error while forgiving the consequence of the mistake. The performance of Qada involves enjoining good, supporting the oppressed, delivering rights to their rightful owners, restraining the oppressor, bringing reconciliation among people, and liberating some from others, all of which are acts of worship. Therefore, the Prophet, peace be upon him, and the Prophets before him undertook this role, judging their nations. Furthermore, the Prophet sent Ali and Mu'adh as judges to Yemen.

Supporting text

Ibn Mas'ud stated that presiding as a judge between two parties is more beloved to him than seventy years of worship. Uqbah ibn 'Amir narrated that the Prophet commanded him to judge between two litigants, and upon his hesitation, the Prophet confirmed the reward structure: if correct, ten rewards, and if erroneous, one reward, as narrated by Sa'id in his Sunan.