As for fay’ revenues, entitlement to them is determined by a person’s service to the Muslims and also by need. Fighting men have the strongest claim to them, but whether these revenues are reserved exclusively for them is a matter on which there are two views. When they are distributed among fighting men, they must be distributed justly, just as justice is required of every judge and everyone entrusted with distribution. However, if the person distributing or adjudicating is not just, this does not invalidate all his judgments and allocations, according to the correct view upheld by the early generations. Such wholesale invalidation would throw people’s affairs into disorder. Authentic hadiths from the Prophet, may Allah bless him and grant him peace, commanding obedience to those in authority despite their injustice make it clear that when they command what is right, they must be obeyed, even if they are unjust.
Thus, if such a person renders a just judgment and makes a fair distribution, these are acts of justice in which obedience to those in authority is obligatory. If an unjust person distributes an inheritance among its rightful heirs according to the Book of Allah, this is just by the consensus of the Muslims. If he rightfully distributes spoils of war among those entitled to them, this too is just by the consensus of the Muslims. If he rules in favour of a claimant on the basis of sound, unopposed evidence, this is just. A judgment involves commanding, prohibiting and permitting, so he must be obeyed in it.
This applies when the distribution is just. If, however, the distribution involves injustice—for example, giving some people more than they are entitled to and others less than they are entitled to—then this is the preferential treatment mentioned by