The Prophet's Guidance in Judicial Rulings (Ahkam al-Qada')

This chapter presents Ibn al-Qayyim's analysis of the Prophet's ﷺ judicial methodology — how he heard cases, evaluated evidence, issued judgments, and established the foundational principles of Islamic jurisprudence that would later become the framework of the entire science of fiqh. The Prophet ﷺ was the supreme judge of the Muslim community, and his judicial conduct is a model that has shaped Islamic law for fourteen centuries.

The Prophet's ﷺ fundamental principle in judging was that the burden of proof rests on the claimant, and the oath rests on the one who denies: 'The proof is on the claimant and the oath is on the one who denies.' This single principle — known in Arabic as al-bayyinah 'ala al-mudda'i wal-yamin 'ala man ankara — became the bedrock of Islamic procedural law and continues to influence legal systems worldwide.

Regarding witnesses, he established that testimony requires two reliable male witnesses for most matters, or one male and two female witnesses for financial transactions, or four male witnesses for accusations of zina. He was scrupulous in rejecting the testimony of those with known enmity toward the accused, those with a material interest in the outcome, and those of questionable moral character. He said: 'It is not permissible for a judge to issue a ruling while he is angry.'

The Prophet ﷺ also pioneered the use of circumstantial evidence (qara'in) in cases where direct witnesses were unavailable. In the famous case of the wife who claimed her husband had not consummated the marriage, he sent women to examine her — a form of expert examination. He employed oaths strategically, using the qasama (collective oath) in murder cases where the body was found in a specific locality without direct witnesses.

Ibn al-Qayyim notes that the Prophet ﷺ judged based on the apparent (dhahir) of statements and evidence, not on hidden intentions: 'I judge based on what is apparent; Allah takes care of the hidden matters.' This principle established that Islamic courts are courts of external conduct and evidence, not of conscience — Allah alone judges the hearts.

The Prophet ﷺ also permitted the use of reconciliation (sulh) and mediation to resolve disputes without formal litigation, considering it praiseworthy for parties to settle amicably: 'Reconciliation between Muslims is permissible except a reconciliation that makes the lawful forbidden or the forbidden lawful.' He would often encourage litigants to seek settlement before judgment.

Regarding punishment, the Prophet ﷺ established that the hudud (fixed penalties) must be proven to the highest standard of certainty — he said 'Ward off the hudud with doubts' — and that once proven, they must be carried out without intercession, as he famously declared when addressing the case of the Makhzumi woman whose hand was to be cut for theft: 'By Allah, if Fatimah the daughter of Muhammad were to steal, I would cut off her hand.'