Five: Judiciary Policies

The Judiciary is the main pillar of a ruling system. Correct and lawful judgments play the greatest role in protecting a society’s well-being and stability. Doctrines of the government of Imām Ali (a.s.) indicate that he was particularly attentive to the Judiciary. Texts and documents concerning Imām Ali’s (a.s.) judgments as well as his recommendations and emphasis in this respect are abundant and most inspiring. What is stated here, in this volume, can also be very enlightening for judges and Judiciary officials.
The principles of Imām Ali’s (a.s.) policies for judgment can be mentioned as follows:

1. Appointment of Qualified Judges for Juridical Posts

A judge is without doubt the main element of judging and plays the most significant role in the Judiciary establishment and in restoring people’s rights and battling against oppressions and irregularities. In judicial practice, the more steadfast, morally healthy, pure, stronger and the more unbending in action a judge is, the more efficient, organized, and well-founded his judgment will be. Thus, Imām Ali (a.s.) would enjoin Mālik to select the best judges for the act of judgment; those who would not put the people under pressure and are not obstinate and adamant in their judgment or easily fall into blunders. They must be intelligent, deeply insightful, protected from falling prey to misconceptions, patient and forbearing, so that confusions and conflicting turmoil would not affect and change them.

2. Providing for the Financial Needs of the Judges

Needs and necessities of life can neither be forgotten nor passed by negligently, even those people who are ascetic and abandon the world, have the responsibility of running a household, they will also encounter certain worldly demands in their lives. The natural needs of one’s family are neither forgettable nor are to be ignored. It is in this respect that Imām Ali (a.s.) advises Mālik al-Ashtar to select the best judges for practicing judgment, and to provide the best and most suitable livelihood for them so that the judge in his judgment never looks to other people’s hand and for worldly gains and

7. Attempts to Create Empathy and Unity in the Society

The leader is the link between different sections of the society and the leadership and he is also the axis of struggles, movements and activities. The existence of various ideas, tendencies and trends in a society is natural and the concept of oneness in ideas and principles in all strata and levels of society is totally incorrect and unrealistic. Therefore, various trends, groups and possessors of different ideas must seek for unifying ways to rescue the society from disunity; and while approving the multiplicity of ideas try to hold on to convergence in sublime and transcendent principles. It is the leadership that plays the most significant role in this respect. Imām Ali (a.s.) strongly emphasized the necessity of unity and empathy in society.
He (a.s.) considered solidarity as a means for the survival of governments and differences as the cause of its falling, and hence he strongly emphasized the former. Parts of the sermon called (Khutbah al-Qāsi`a) are regarded as among the most instructive and awakening doctrines of the government of Imām Ali (a.s.). He would himself do his best in this direction, to recognize the roots of differences and how to achieve solidarity and empathy, and he would overlook his inalienable rights so as the community would not burn in the fire of differences. He would say:
لَيسَ رَجُلٌ ـ فَاعلَم ـ أحرَصَ عَلى جَماعَةِ اُمَّةِ مُحَمَّدٍ(صلى الله عليه وآله) و أُلفَتِها مِنّي.“Know that no one is more desirous and concern for the unity and concord of the community of Muhammad (s.a.w.) than I am.”¹
Imām stressed the unity and regarded empathy and the removal of tension necessary to the extent that he forced his judiciary to avoid enforcing a ruling that incites disunity and might disturb the solidarity of the society. Imām had frequently warned that if the faithful were disunited and gave up unity and solidarity, falsehood would definitely dominate over them.