Download PDF: [S] The Fearless Qadi
Hadrat Sayyiduna Habeeb Zaraa – may Allah be pleased with him – narrates that, “During the days when we were still young, we used to live with Qadi Abu Haazim Abdul Hamid bin Abdul Aziz – may Allah be pleased with him. In fact, even before he was officially nominated as a Qadi, we always used him to make a decision among any of our disputes. If there was any argument among us, we made him to make peace. The reason was that he was someone who always made the best decision among us. One day, Qadi Abu Haazim – may Allah be pleased with him – was nominated as the official Qadi of the area by the Khalifah Mu’tazid billah.”
Allama Abdul Wahid bin Mohammed – may Allah be pleased with him – narrates, “Qadi Abu Haazim – may Allah be pleased with him – was extremely strict when it came to making a decision. He was never afraid to speak the truth.
“One day, Khalifah Mu’tazid billah sent him a request to make decision. The leader of the Muslims wrote, ‘A certain businessman had made a deal with me and did not pay me any money. He owes other people monies as well. I have also come to know that when other traders presented their witnesses to him, he made sure that all of them get paid. However, he has still not returned any of my money. It is sad to note that as he owed other people money, in like manner, he also owes me as well.’
“When Qadi Abu Haazim – may Allah be pleased with him – read this message, he said to the messenger, ‘Please inform the Khalifah that Allah Almighty increase his age. Please also remember that the moment when you had said to me, ‘I am removing the burden of making a decision which is around my neck and placing it around your neck’. O Khalifah! Now I am the one who will make the decision and it is not permissible for me to make a decision (in this regard) without a proper witness.’
“The messenger then conveyed this message to the Khalifah. When he heard this reply, he informed the messenger, ‘Go and inform the Qadi that I have indeed a very strong and solid witness.’
When the Qadi heard this answer, he replied, ‘The witness should be presented in front of me. I will then question him and if everything is according to correct testimony, I will give my decision in favour of the Khalifah or else not.’
However, when the witness was called, he became so fearful of entering the court of the Qadi that he refused to present himself. When this happened the Qadi refused to give a decision in favour of the Khalifah and threw his case out of court. (Uyunul Hikaayah)
Qadi Wakee narrates, “During the time when Qadi Abu Haazim was the Qadi, at that time, he had given me the responsibility of collecting the taxes from all the land which belonged to Hasan bin Sahl. He had also nominated me to perform other tasks as well. Whatever wealth was collected from these lands, I was allowed to bring into the Baitul Maal and also spend on the poor and needy people.
“However, when Khalifah Mu’tazid billah expanded his residence, some of the Waqf land of Hasan bin Sahl was also incorporated into this expansion. At the end of the year, I calculated all the taxes which were applicable on all the Waqf land and used to collect these monies. The only monies which were outstanding was from the land which had been annexed for the expansion of the royal residence. Obviously, I had extreme fear in approaching the Khalifah on this issue not knowing what the repercussions would be. I then brought all of this grain and wealth and placed it in front of the Qadi. I then informed Qadi Abu Haazim – may Allah be pleased with him – that I had collected all the wealth from the Awqaf lands. I also asked him permission to distribute this among the poor and also to distribute the seeds for those who wanted to plant for the following year.
“Qadi Abu Haazim – may Allah be pleased with him – then asked me, ‘Have you also collected from that land which had been annexed by the Khalifah when he was expanding his residence?’
“I replied, ‘Hadrat, who can actually ask the Khalifah such a question?’
“He then said to me, ‘I swear by Allah Almighty that this court of mine will not close for the day until every single item has not been collected. Whatever is owed by the Khalifah that must also be presented. If the Khalifah cannot do this, then I will resign from my post immediately.’
“He then said to me, ‘O Waqee! Go and demand this money from the Khalifah.’
“I was shocked and asked him who would take me to the Khalifah at this part of the night. He then informed me that I should go a certain official and inform him that I was the representative of Qadi Abu Haazim and that I had urgent work with the Khalifah. When I presented myself in front of this official and presented the message of the Qadi, he took me immediately into the private chamber of the Khalifah. When the Khalifah saw me, he asked, ‘What is such an urgent task which has to be performed so late at night?’
“I then informed him about the instructions which I had received from the Qadi himself. The Khalifah remained silent for a few minutes and then said, ‘Whatever the Qadi has said, that is the truth.’
“He then ordered one of his servants to go and fetch a certain box and also asked me the amount which was owed by him. I mentioned that it was about four hundred and fifty Dinaars. He had these coins weighed and handed them to me.
“When I arrived in the court of Qadi Abu Haazim – may Allah be pleased with him, he mentioned that all of this should be distributed the first thing in the morning.”
Qadi Waqee – may Allah be pleased with him – also narrates that when the entire incident was revealed to the general population, most of them were shocked at the bravery of the Qadi and many of them came personally to congratulate him on this steadfastness which he had displayed. At the same time, the general populace also admired the Khalifah who had not uttered a word of complain and made sure that he followed the rule of Qadi Abu Haazim – may Allah be pleased with him.
How brave were these Muslims leaders of the past. No amount of fear or terror entered their hearts when it came to speaking and displaying the truth. It is sad to see that today, when it comes to making a difficult decision by the leaders of Islam, the first thing which affects them is how this will change this man giving us a donation tomorrow. What is not looked at is that everyone will have to answer to the Creator on the Day of Judgement. It is vitally important that Muslim leaders and Muslims in general treat Islam with the same respect and awe that past leaders of Islam used to display in their everyday living.