Adjudication Disciplines

“I heard ’ Amir al-Mu’minin, Ali (a.s.), saying to Shurayh, ’Keep an eye on those who delay payment of debts on them and on the procrastinators and on defending the rights of people against the capable and the affluent ones who throw the wealth of the Muslims to the ruling parties. Take the rights of people from them and sell for this purpose real properties and buildings; I heard the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, saying, “The procrastination of an affluent Muslim is injustice to the Muslim.” Those who do not own real properties and homes or other assets, there is no way against them. You must take notice that people cannot be made to do the right thing except by stopping them from falsehood. Be comforting for the Muslims by the appearance of your face, words and sitting manners so that people with nearness to you cannot expect you to be unjust and your adversary loses hope of your justice. Make a plaintiff to take an oath along with testimony; it clears up the blindness and confusion and solidifies the judgment. You must take notice that Muslims are all just people toward each other except those whipped for penalty who have not repented, those well- known for presenting false testimony and a doubting pessimist. You must always stay away from censuring and hurting people in an adjudicating session, for conducting of which Allah has made the recompense obligatory with good rewards for those who render the right judgment. You must keep in mind that arranging a settlement is permissible among the Muslims, except a settlement that makes the lawful as unlawful and the unlawful as lawful. You must set a time limit for those who claim to have absent witnesses. If they present such witnesses then restore their rights; but if they did not present such witnesses, then you must issue judgment against them. You must never issue a judgment in equitable retaliation or a penalty of the penalties, which Allah has sanctioned for the rights of the Muslims without first showing it to me, by the will of Allah. Do not sit (to eat) in the adjudicating session until you complete eating.”’

“Abu ‘ Abd Allah (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘One whose task is adjudication he must not take his seat to adjudicate when angry.’”

“’Amir al-Mu’minin, Ali (a.s.), has said, ‘One who has the task of adjudication must comfort people by means of his gestures, look and seating positions.’”

“A man once became a guest of ’Amir al-Mu’minin, Ali (a.s.), and stayed with him for several days. He then presented a case before him (the Imam) for adjudication, which he had not mentioned to him (the Imam) before. He (the Imam) asked, ‘Are you the plaintiff?’ The man replied, ‘Yes, I am the plaintiff.’ He (the Imam) said, ‘You must move in another place for lodging; the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has prohibited entertaining a plaintiff as a guest without the presence of the defendant.’”

“’Amir al-Mu’minin, Ali (a.s.), once said to Shurayh, ’You must not please anyone in your adjudicating session, and if you become angry, you must stand up and must not issue a judgment when you are angry.’ Abu ’Abd Allah (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘The tongue of a judge is behind his heart. If it is for him, he speaks; and if it is against him, he remains quiet.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If a judge, to those on his right or left side, says, “What do you think, what do you say?” He is condemned by Allah, the angels and all people. Why must he not move away and make them sit in his place?”’