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Watching over the Judgment of the Judges
380. Imām Ali (a.s.) – in his instructions to Mālik al-Ashtar after mentioning to him how to select judges: “Then, investigate frequently his decisions.”1
381. Imām Ali (a.s.) – to Shurayh: “Beware of carrying out a verdict concerning retaliation (qisās), divinely decreed penalties and the rights of Muslims without informing me about it – God willing!”2
382. Imām al-Sādiq (a.s.): “When the Commander of the Faithful appointed Shurayh as a judge, he warned him not to carry out any verdict unless he informs him about it.”3
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Warning against Unjust and Reckless Judgments
383. Imām Ali (a.s.): “The vilest act is the injustice of the judges.”4
384. Imām Ali (a.s.): “He whose judgments are unjust, his power will vanish.”5
385. Imām Ali (a.s.): “Among all the people the most detested before God Almighty are two kinds of people: … and the one who has
selected the ignorant to live with, he is enshrouded by the darkness of seditions. Those so-called humans have named him a scholar but he has not lived soundly even for a day. He wakes up early to collect the things the less of which is better (for him) than its abundance (worldly things) until when he has quenched his thirst from polluted water (wickedness) and acquired meaningless things in his mind. He sits among the people as a judge responsible for solving whatever is confusing to the others and if he opposes a judge preceding him, he himself will not be secure from his verdict being invalidated by the one who is to come after him, as he did to the preceding ones. If an ambiguous problem is presented before him, he prepares pleonastic arguments for it of his own accord and passes judgment on their basis and considers it right.
Thus, he is entangled in the confusion of doubts like the one in the spider's web, not knowing whether he was right or wrong (in his endeavors). He does not consider it as knowledge what he does not himself accept and believes in no religion except what he has come to believe himself. If he measures something with another, he will not disclaim his own view; and if he is confused, he will conceal it lest they tell him he does not know, for he is well aware of his own ignorance. Thus, he ventures and makes judgments. He is the key to darkness, seeking doubts and wandering astray in ignorance.
He does not apologize for what he does not know so as to remain safe. He does not strive to ascertain knowledge through which he would be able to make gains. He scatters the traditions as the wind scatters the dry leaves. The (lost) heritages will weep because of him and blood will cry on his account (civil and penal laws of Islam will be corrupted by him). By his judgments, unlawful relations (with women) become lawful and lawful becomes unlawful. He is neither to be trusted in the verdicts he passes nor is competent in what is performed by him; for he [only] claims to have knowledge about rights.”6
1.. Nahj al-Balāghah, Letter ۵۳, Bihār al-Anwār, vol. ۳۳, p. ۶۰۵, h. ۷۴۴.
2.. Tahdhib al-Ahkām, vol. ۶, p. ۲۲۶, h. ۵۴۱, al-Kāfi, vol. ۷, p. ۴۱۲, h. ۱, Man lā yahdarahu al-Faqih, vol. ۳, p. ۱۶, h. ۳۲۴۳.
3.. al-Kāfi, vol. ۷, p. ۴۰۷, h. ۳, Tahdhib al-Ahkām, vol. ۶, p. ۲۱۷, h. ۵۱۰, Da`ā'im al-Islām, vol. ۲, p. ۵۳۴, h. ۱۸۹۸.
4.. Ghurar al-Hikam, h. ۳۰۱۱, `Uyun al-Hikam wa al-Mawā`iz, p. ۱۱۹, h. ۲۶۷۱.
5.. Ghurar al-Hikam, h. ۷۹۴۳, `Uyun al-Hikam wa al-Mawā`iz, p. ۴۵۴, h. ۸۱۶۱.
6.. al-Kāfi, vol. ۱, p. ۵۵, h. ۶, al-Nahj al-Balāghah, Sermon ۱۷, al-Irshād, vol. ۱, p. ۲۳۱, al-Ihtijāj, vol. ۱, p. ۶۲۱, h. ۱۴۳.
