(26) Chapter: Unlawfulness of Oppression and Restoring Others Rights

Umm Salamah (May Allah bepleased with her) reported:
Messenger of Allah (PBUH) said, "Verily, I am onlya human and the claimants bring to me (their disputes); perhaps some of them are more eloquent than others. I judgeaccording to what I hear from them). So, he whom I, by my judgment, (give the undue share) out of the right of aMuslim, I in fact give him a portion of (Hell) Fire".

[Al-Bukhari and Muslim].

Commentary:

1. The Prophet (PBUH) has explained through this Hadith that he, too, was a man like others and was thus liable tojudging by what he hears by the facile tongue, cleverness and eloquence of people. But it does not detract from hisinnocence as a Prophet because it has no concern with his duty as a preacher and Prophet, the responsibility ofprotection of which has been accepted by Allah.

2. A judge (Qadi) should decide on the case which comes before him in the light of arguments presented to him bythe litigants. He should not make decision according to speculation but go by the arguments which are in his opinion more convincing.

3. The decision of the Qadi will be evidently enforced, but it will not make the lawful as unlawful or vice versa. Thatis to say, it will not be enforced intrinsically, as is believed by some people. If somebody succeeds in winning acase, it will be invalid and the one who secures it will suffer its consequences in the Hell-fire.