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Occupational Security for Judges
369. Imām Ali (a.s.) – in his instruction to Mālik Ashtar: “Then choose to judge among men, the most excellent of subjects in your sight …. Bestow upon him that station near to you that none of your other favorites may aspire to, that by it he may be secure from harm by men of importance. Look into that (i.e., the selection of judges) with thorough consideration, for this religion was prisoner in the hands of the wicked who acted with it out of caprice and used it to seek (the pleasures of) the present world.”1
[It is also narrated in the same letter in Tuhaf al-`Uqul:] Check frequently his decisions and grant generously to him that which will eliminate his wants and through which his need for men will decrease. Bestow upon him that station near to you to which none of your other favorites may aspire to, so that he remains safe from the harm of those around you. Be respectful to him when you associate with him, favor him in sessions, agree to his judgment, implement his rulings, support him and choose his supporters to be from among the jurisprudents and people of piety who would advise for the sake of God and His servants. He may discuss with them any doubtful question, refer to them what he is ignorant of and they can be witnesses on his settlement of disputations among the people, God willing.”2
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Emphasis on Good Manners of the Judicature
370. Imām Ali (a.s.) – to Shurayh: “Look into the state of those delaying in discharging people’s rightful due from among the rich and the needless, who put the Muslims’ riches at the rulers’ disposal. So take the Muslims’ rightful due from them and sell
the houses and lands, for I heard the Messenger of God (s.a.w.) say: “The delaying of a rich Muslim is [equal to] oppression to the Muslims; and those who do not own lands nor houses or wealth are not to be obliged.”
Let it be known that no one will enjoin people to rightfulness except he who drives them away from falsehood. Treat the Muslims equally by way of your facial expression, speaking and meeting so that those who are near you not to be tempted and encouraged by your injustice (in their favor) and your enemy shall not lose in hope your justice. Return the oath to the claimant when evidence is presented (if evidence is presented by the accused then the claimant should take oath), for this will remove ambiguity and maintain (sound) judgment.
Let it be known that Muslims are just. They can bear testimony regarding each other except the one who has been whipped for a punishment and has not repented or is known for giving false witness or is suspected (concerning his faith). Take care not to express suffering and pain in a judgment session, for God has decreed a reward for it and there is a good reward reserved for the one who judges rightfully.
Let it be known that reconciliation among the Muslims is permissible, except that which prohibits something lawful or allows something prohibited; and give a respite to he who claims to have an absent witness. If he presents them, his right will be restored and if not, he will be duly judged. Take care not to carry out a verdict concerning retaliation (qisās), Divine sanctions and the Muslims’ rights without informing me about it – God willing -- and do not sit for judgments except after you have had your meal.”3
1.. Nahj al-Balāghah, Letter ۵۳.
2.. Tuhaf al-`Uqul, p. ۱۳۶.
3.. al-Kāfi, vol. ۷, p. ۴۱۲, h. ۱, Tahdhib al-Ahkām, vol. ۶, p. ۲۲۵, h. ۵۴۱, Man lā yahdarahu al-Faqih, vol. ۳, p. ۱۵, h. ۳۲۴۳.
