Download PDF: [S] Qadi makes Decision against his own son

It is reported that once the famous Qadi, Shurayh bin Haarith, was sitting with his son and eating, when his son asked him, “There is a dispute between a few people and myself. I want to discuss this issue with you. I have decided that if I am correct in this issue, then I would like to present it in your court and I am sure that looking at all the rules of justice, you will give the decision in my favour. If however, you feel my case is weak and that I am incorrect in this claim, then from the beginning, I will not present this issue in your court. In fact I will go to these people and try and sort it out of court.”

 

His father asked him to explain the entire issue to him. After listening to the entire issue, Qadi Shuyrah asked him to present this issue first thing in the morning in court.

 

The following day, his son presented this issue in court. Both parties came forward and presented their evidence and testimony. After listening to both parties, Qadi Shuyrah gave a decision against his own son.

 

After the day’s proceedings were over and both had arrived at home, his son asked him, “You had given a decision against me in court, what is the reason for this?”

 

His father replied, “Yes, the only reason that I had done so is because after listening to the evidence, it was quite clear that those people were correct in their claim.”

 

His son replied that he did not have a problem with the decision, however, what he was surprised about was that his own father had suggested that he present this in court and because of this, he had gone to court.

 

He said, “If on the other hand you had informed me not to go to court, then I would have settled this matter with these people out of court. At the same time, I would have spared myself all the disgrace which I had experienced today.”

 

When he heard the statement of his son, Qadi Shurayh replied, “My dear son, there is no doubt that you are my beloved son. However, Allah Almighty is the Divine Creator and the Most Beloved to any Muslim. It was not permissible for me to give you a decision out of court. If I had done so, you would have taken advantage and settled this matter out of court and in this way, their rights would have been taken away. Since, I did not want the rights of any Muslim to be stolen, I felt that this had to be settled in court itself.” (Ibn Jouzi)