Download PDF: [S] The Concern of the Qadi

At the moment just before he could pass away, Hadrat Sayyiduna Imam Abu Yusuf – may Allah be pleased with him – mentioned to those around him, “I swear by Allah Almighty, I had never committed adultery. I swear by Allah Almighty that when I gave a decision, I had never committed oppression or being unfair. And I do not fear anything which I had committed. However, there is one issue which still concerns me and this was committed by me.”

 

When people asked him which action this was which he was so concerned about, he replied, “One day, while I was going through the names of the people who had brought their complaints to me, I noticed a complaint which had been presented to me a Christian.

 

“This person had complained about the Khalifah Harun Rashid and that he was been oppressed by the Khalifah. His complaint was that Sultan Harun Rashid had forcefully captured a piece of his property. I then called this Christian and asked him, ‘The property which you speak about, at this moment, in whose control is this property?’ He replied that it was in the control of Sultan Harun Rashid. I then asked him who is the person who receives the income from this property and again he replied that it was Sultan Harun Rashid.

“I then placed this complaint with the complaints of others and on the next day when the court proceedings took place, I began to call out the names of those people whose names appeared in front of me. When the name of this Christian appeared, I also called out his name. When he appeared, I then mentioned to Sultan Harun Rashid the complaint which this person had against him.

 

“When Sultan Harun Rashid heard this, he replied, “This piece of land which the Christian is speaking about, I received this piece of land as part of my inheritance from my grandfather, Abu Jafer Mansur.”

 

“I then turned to the Christian and asked, ‘You have heard the statement of the Khalifah, do you have any testimony to present to prove your case?’

 

“The Christian replied, ‘I do not have any testimony or witness in this regard. However, I wish to ask the Khalifah whether he would take an oath that this is indeed his property.’

 

“I then asked the Khalifah whether he was prepared to take an oath in this regard.

 

“The Khalifah then took an oath in this regard in front of the entire court and after this, the Christian returned home empty-handed.”

 

Imam Abu Yusuf – may Allah be pleased with him – then continued, “This is the only issue which I am concerned about.”

 

The people around him asked, “What is the danger in this issue and why should you be concerned? Whatever was Waajib upon you, you had fulfilled all of it.”

 

He replied, “The only thing which concerns me about this issue is that I had not made the Khalifah sit in front of the claimant!”

 

In other words, he was concerned that since everyone was equal in the Court of Law, he should have also made the Khalifah sit as any ordinary person against whom a claim was being made. Such was the immense justice of these eminent scholars of Islam, that even an issue as simple as this was something which was of great concern to them. This should certainly be a warning to those Muslim lawyers and attorneys who claim that they are fighting for the justice of people on a daily basis.

 

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