When you are appointed as judge your decision should be above you all-personal considerations, and you should uphold justice under all conditions. Islam gives its citizens the right to absolute and complete equalities in the eyes of the law; nobody how great he may be is above the law. Even rulers are not above the law. A rich woman named Fatima belonging to high and noble Arab tribe Bani Makhzoom, was arrested in connection with a theft. The case was presented before Prophet Muhammad (Peace be upon him). Some close companions of the Prophet wished to save her from ‘hand cut’ punishment. For this, they persuaded Osama bin Zaid (May Allah be pleased with him) to request Prophet Muhammad (Peace be upon him) to take a lenient view of the case and excuse the woman from hand cut. Prophet Muhammad (Peace be upon him) replied angrily, “The nations that lived before you were destroyed by Allah Almighty, because they punished the common man for their offences and let their dignitaries go unpunished for their crimes. I swear by Allah (Jalla Jalalohou), even if Fatima (May Allah be pleased with him) the daughter of Muhammad (peace be upon him) had committed this crime I would have cut her hand.
How high the court was held in esteem in early days of Islam is apparent from an example. During reported with reference of Qadi (Judge) Shoreeh. Caliph Ali’s Zarah (chain armour) was lost. Caliph Ali saw it with a Jew – He said to Jew, “zarah is mine – I neither sold it nor gifted it – how did you get it”? The Jew said, “It is mine as it is in my possession.” Caliph Ali had to file a case against Jew in the court of Qadi (judge) Shoreeh. When proceeding started:
Judge asked Ali, “What is you claim?”
Caliph Ali answered, “This zarah (armour) is mine, neither had I sold it nor did I gift it.
Judge asked the Jew, “What is your answer to the claim?”
Jew replied, “It is mine as it is in my possession.”
Judge asked Caliph Ali, “Do you have any witness?”
Caliph Ali said, “Yes, my son Hassan and my servant Qanbar”.
Judge replied, “Witness of a son is not admissible in the court of law in favour of his father.”
Caliph Ali asked, “How witness of a dweller of Paradise can be incorrect and unlawful? When Prophet (Peace be upon him) said that Hassan & Hussain are leaders of young inhabitants of Paradise.”
Judged replied, “This is a matter of this world and accordingly has to be decided by the laws of this world”.
Conversation between the Caliph and judge was still going on when the Jew spoke out loudly, “O Caliph you have brought me before the judge to seek justice while you are the ruler. The judge has cross-questioned you in manners he would have questioned a common person. This is the truth about your religion. No doubt, zarah is yours. I accept Islam.”
“We (Allah) have revealed to you the Book in truth that you might judge between mankind as guided by Allah:” (An-Nisaa 4:105)
The out come of case proves that no favourtism was extended to the petitioner who was Caliph (ruler), a high ranking companion of Prophet (Peace be upon him) and a strong person. The processing of lawsuit was carried out according to Islamic Sharia (law), which compelled a non-believer to speak out truth and to change his heart to accept Islam.
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