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Consistency in Judgment Procedures
Settlement of Judges’ Difference
389. Imām Ali (a.s.) – in his instructions to Mālik al-Ashtar: “…Then, you should do your best to select judges from amongst the best about the traditions and the most knowledgeable reporters. They should not disagree nor dispute regarding the verdict of God and the traditions of His messenger (s.a.w.). Disagreements regarding the verdict results in the waste of justice, inadvertence in the religion and cause of divergence. God has shown what to do and what to offer; and ordered to refer what they are ignorant of to those with whom God has entrusted the knowledge of His Book and authorized them the issuing of rulings.”
“Divergence of judges arises when tyranny controls them and each depends on his own opinion without referring to those whose leadership is obligated by God. Neither the religion nor its followers will be righteous through such behaviors. Judges should issue verdicts according to what they know from the Prophet’s traditions and practices. If it is impossible for them to judge in a case, they should refer to its rightful people. If a qualified person is not available, they should discuss the case with the Muslim jurisprudents. They should not leave this to others.”
“Two judges of the Muslim community should never issue different rulings regarding one case without referring it to the Leader. Hence, the Leader will judge in that matter according to his knowledge that he received from God. The two judges then should agree on the Leader’s ruling whether it corresponds or differs from their opinions. You should have a piercing eye in this matter because this religion has formerly been a prisoner in the hands of vicious people when action was taken according to passion and worldly wealth was sought.”
“Write letters to the judges of your regions ordering them to raise before you any question of judgment about which they dispute. You should see into these rulings, authorize any ruling that you find consistent with God’s Book, the Prophet’s traditions and your leader’s instruction, and order the judges to follow. Regarding matters that you are in doubt you should gather the jurisprudents you and discuss the matter with them. Authorize what Muslim scholars unanimously agree upon in your presence. Each matter about which the subjects
dispute should be referred to the leader and he should seek God’s aid and do his best to enforce the law and force the subjects to follow his commandment. There is no strength save in God.”1
