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As for the words of Allah Most High:

“And when you judge between people, judge with justice.”

Judging between people concerns prescribed punishments and rights, which fall into two categories. The first comprises punishments and rights that do not belong to particular individuals, but benefit Muslims generally or a category of them. All are in need of them.

These are called Allah’s prescribed punishments and Allah’s rights. Examples include the punishments prescribed for highway robbers, thieves, those guilty of unlawful sexual intercourse, and others of their kind, as well as adjudication concerning public funds, charitable endowments, and bequests not designated for particular individuals. These are among the most important responsibilities of governing authorities.

For this reason, ‘Alī ibn Abī Tālib, may Allah be pleased with him, said: “People must have a government, whether righteous or wicked.”

He was asked: “Commander of the Faithful, we understand the righteous kind, but what of the wicked?”

He replied: “Through it, prescribed punishments are enforced, roads are made safe, the enemy is fought, and fay (public revenues) is distributed.”

Rulers must investigate and administer matters in this category without anyone bringing a claim. Likewise, testimony concerning them is given without anyone bringing a claim. The jurists have, however, differed over amputating a thief’s hand: does this require the victim of the theft to claim his property? There are two opinions on this in the school of Ahmad and other schools; but they agree that it does not