Chapter: The Judge’s Etiquette

Here, “etiquette” refers to the moral qualities he must cultivate.

Imam Aḥmad (d. 241 AH) said: “Good character is that you neither become angry nor bear malice.”

Imam Ibn al-Qayyim (d. 751 AH) stated: “A judge needs three things, without which his ruling is invalid: knowledge of the evidences, the operative causes, and the proofs. The evidences acquaint him with the universal sharʿī ruling; the operative causes show him whether that ruling is established or absent in this particular case; and the proofs guide him to the correct judgment when dispute arises. Should he err in any one of these three, he errs in his verdict.” End quote.

The judge should be strong without brutality, lest wrongdoing find boldness in him, and gentle without weakness, lest the rightful claimant stand in awe of him.

Shaykh Taqī al-Dīn Ibn Taymiyyah (d. 728 AH) said: “Authority rests on two pillars: strength and trustworthiness. The judge ought to be forbearing so that the litigant’s speech does not anger him and thereby prevent him from issuing a ruling, for judgment is the adornment, the brilliance, and the beauty of knowledge,