. G F (cont.)

lbn al-Qayyim wrote, A judge may give judgement in cases other than those involving the rights of God on the testimony of one man whose integrity is established. God did not make it a duty for judges not to give judgement save on the testimony of two witnesses but merely ordered the owner of a right to safeguard his rights by two male witnesses or one man and two women. This does not mean that a judge may not give judgement on any lesser testimony. In fact, the Prophet gave judgement on the basis of 1 Cf., Mahmassani, p. l 79. 2 The Hanafis argue that the hadith quoted goes against the Quranic injunction of having two witnesses. A solitary (ahaad) hadith cannot be accepted as a kind of abrogation for the Quranic verse. However, this is actually not a case of abrogation but a case of particularization. Furthermore, as ibn al-Qayyim mentioned, the Quranic ruling is simply meant to safeguard rights and it does not mean that a judge cannot decide a case unless the person brings forth two witnesses. Commentary on the Forty Hadith of al-Nawawi one witness and an oath and even on the basis of one testimony only.1 Ibn al-Qayyim also stated, "The methods by which a judge gives judgement are of greater latitude than those through which God has guided the owner of a right to safeguard it."2 A Judgment Does not Render the Unlawful Lawful The judge will make a decision based on the evidence or oaths made in front of him. Obviously, though, his decision may not be in agreement with the truth of the matter, for example, due to deception on the part of one of the litigants or lying witnesses. The judgment may end up in favor of the liar or cheater. If the litigant knows that he has lied or acted falsely, then what is decided for him does not become lawful for him. It would be much better for him to give it up and admit his wrongdoing than to take such wrongful gains. The Prophet (peace be upon him) stated, "You come to me as litigants. Perhaps, one of you is better in presenting his argument than the other. For whoever I decide in his favor according to what I have heard, if I have decided anything for someone from the rights of his brother, he should not take it for I have portioned for him a portion of the Hell­ fire." (Recorded by al-Bukhari and Muslim.) Recorded by al-Baihaqi Al-Baihaqi Abu Bakr Ahmad ibn al-Husain ibn Ali al-Baihaqi al-Naisaboori was born in 384 A.H (994 C.E.). He hailed from Baihaq, which is a stretch of towns just outside of Naisaboor, Persia. He began his travels in search of hadith at the age of fifteen. He traveled to Naisaboor, Baghdad, Kufah, Makkah, Hijaz and other places. After traveling and gathering together hadith, he began to write various books. He wrote a large number books. Some of the most important include Kitaab al-Adaab, Dalaail al-Nubuwah, al-Asma wa al-Sifaat, al-Itiqaad, Bayaan Khata man Khata ala al-Shafii, Shuab al-Imaan and al-Zuhd al1 Quoted in Mahmassani, p. 1 83. 2 Quoted in Mahmassani, p. 1 83. 1 Hadith #33: "Were People to be Given . . . " Kabeer. In the field of hadith, he is best known for his rather large al-Sunan al­ Kubra. In fact, if one sees the words, as is the case here with the Forty Hadith of al-Nawawi, "Recorded by al-Baihaqi," it means it is in al-Sunan al-Kubra. He was well-known for his piety, honesty and justice. He was not just a scholar of hadith but he was also a fine jurist in his own right. Al-Baihaqi was a proponent of the Shafiee school of fiqh. Imam al­ Haramain stated that al-Baihaqi was the only follower of Imam al-Shafiee's school that Imam al-Shafiee owes a debt to. This is because in al-Baihaqi's works, he demonstrated that al-Shafiee's opinions were in accord with the sunnah of the Prophet (peace be upon him) and he refuted those who tried to refute al-Shafiee.1 Al-Baihaqi died in the year 458 A.H. in Naisaboor and was buried in Baihaq.2 Other Points Derived from This Hadith • Islam is a complete way of life. It contains correct beliefs, pure acts of worship, noble character and a remarkable code of law. It gives everyone his due rights. It protects the wealth, life and honor of the people. Since disputes and claims are a normal part of human life, Islam has enacted the proper and best means to bring an end to such disputes in a just manner. This hadith is one example of how the shareeah achieves such a lofty goal. • Islam is also the "most practical religion," in the sense that it takes into consideration the real nature of mankind. It does not have laws that violate how mankind is created.