Chapter: The Etiquette of the Judge

He should be strong without being harsh, gentle without being weak, forbearing, patient, and perceptive. His court should be spacious and situated in the middle of the town. He should treat the two litigants equally in his glance, his speech, the seating he gives them, and their admission into his presence, …

His statement, “The etiquette of the judge,” means the character traits which he is required to possess, whether as an obligation or as a recommendation. A judge is one appointed by the ruler to adjudicate between people, and he continues to be known by this title to our own day.

His statement, “He should be strong without being harsh”: when the word “should” occurs in the negative form in the words of Allah or those of the Messenger of Allah, peace and blessings be upon him, it signifies something impossible. An example is the saying of Allah Most High:

“It is not befitting for the Most Merciful to take a son.” [Maryam: 92]

That is, it is utterly impossible. The Prophet, peace and blessings be upon him, also said: “Indeed, Allah does not sleep, and sleep is not befitting for Him” (1)—that is, sleep is impossible for Him.

In the terminology of the jurists, however, it means “recommended.” Thus, when they say, “It should not be,” they mean that it is not recommended; and when they say, “It should be,” they mean that it is recommended. This is generally so in the terminology of the jurists. As for Imam Ahmad, may Allah have mercy on him, his companions say that when he says, “It should not be,” it indicates disapproval, though it may at times indicate prohibition.

His statement, “He should be strong without being harsh”: these are two attributes, one affirmative and the other negative. The affirmative attribute is that he should be strong—that is, that he should possess