MUSJIDUL HAQ

Download PDF: [S] Muslim Judges must not take Bribes (Islamic story)

Sayyiduna Imam Abu Hanifah Numan bin Thabit – may Allah be pleased with him – was born in Kufah in 80 A.H. He is considered a Tameemi. He also grew up in Kufah and during his student days, he also had a small business. He passed away in jail after being poisoned by the rulers of the day. The reason was that he was offered the job of Chief Justice by Mansur Abbasi and he refused to accept this position. Sayyiduna Imam Abu Hanifah – may Allah be pleased with him – was considered extremely kind and extremely pious. No one could defeat him in any debate. Hadrat Sayyiduna Imam Shafi – may Allah be pleased with him – said once, “Everyone is a child of Imam Abu Hanifah – may Allah be pleased with him – in matters of Islamic Jurisprudence.” He passed away in Baghdad Shareef in 150 A.H. (Al ‘Alaam, 8/36)

Sayyiduna Imam Abu Hanifah’s – may Allah be pleased with him – Mazaar Shareef is in Baghdad Shareef in an area knowns “A’zamiyah”. It was also the behaviour of the great Mashaa’ikh to give advice to their students. Hadrat Sayyiduna Imam Mohammed Ghazali – may Allah be pleased with him – has stated in the Ihya ul Uloom that, “It is Waajib upon the teacher to take care of the students and he should not rob them of his advice and guidance. The reason is that advice is a form of “Amaanah” which he possesses. This is the reason that the great Imam – may Allah be pleased with him – gave such advice to his students and followers which would help them in both worlds.

A person who takes bribes, removes himself eventually.

Imam Abu Yusuf – may Allah be pleased with him – narrates:

Once it was raining and a few of them were sitting in the blessed company of the great Imam. He had his attention towards us. It seemed that before his words, his facial appearance used to give us a message. Sayyiduna Imam Abu Hanifah’s – may Allah be pleased with him – then spoke, “You people are a piece of my heart and a coolness for my very being.  I have presented Islamic Jurisprudence as simple as possible for you and have compiled all of this in a simplified manner. I have made people stand in such a manner that they will follow you and they will also search for your words and advice. All of you have the qualities of becoming a Chief Justice. I also swear by Allah Almighty that you people should not waste and spoil Islamic Law. If someone among you wishes to become a Chief Justice but notices that he has internal weaknesses which Allah Almighty has hidden from the eyes of others, then it is not permissible for him to become a Chief Justice and neither is it permissible for him to take a salary. If he is helpless and does become a Chief Justice, then he should not stop himself from making important decisions. You should endeavour to perform the five daily Salaah in the Masjid with congregation and after the ‘Isha Salaah, he should announce, “Does anyone have any need to be fulfilled and does anyone have anything to be completed?”

You should then go to your house. As long as you are unwell and not fit to carry out your duties, you should not take any salary for that period. Anyone who does any person down financially or oppresses another person, he is not fit to be an Imaam. His decision on Islam will also be unfit and if a Judge takes a bribe, then he should be immediately removed from his position even though he may not have been removed by the authorities as such.

Sharf Millat, Shaikhul Hadith, Allamah Moulana Abdul Hakeem Sharf Saheb – may Allah be pleased with him – explains that:

“In this way, the great Imam taught his students the highest form of leadership and integrity. Such was the greatness of the Imam that he created students who themselves were the greatest Imams and leaders of their era. There is no doubt that this message is also applicable to the present day Judges, some of whom have been guilty of taking bribes and becoming guilty of many other crimes. If this type of advice is heeded, certainly, Muslims in power would be able to get a fair decision and they would also be once again a beacon of guidance for other communities.”