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Muharram 09 Tuesday Hijrah 1446
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Title – The Message   Preface   Arabian Peninsula the Cradle of Islamic Culture   Arabia before Islam   Conditions of Roman and Iranian Empires   Ancestors of the Prophet   Birth of the Prophet   Childhood of the Prophet   Rejoining the Family   Period of Youth   From Shepherd to Merchant   From Marriage up to Prophethood   The First Manifestation of Reality   The First Revelation   Who were the First Persons to Embrace Islam?   Cessation of revelation   General Invitation   Judgement of Quraysh about the Holy Qur’an   The First Migration   Rusty Weapons   The Fiction of Gharaniq   Economic Blockade   Death of Abu Talib   Me’raj – The Heavenly Ascension   Journey to Ta’if   The Agreement of Aqabah   The Event of Migration   The Events of the First Year of Migration   Some Events of the First and Second years of Migration   The Events of the Second Year of Migration   Change of Qiblah   The Battle of Badr   Dangerous Designs of the Jews   The Events of the Third Year of Migration   The Events of the Third and Fourth years of Migration   The Jews Quit the Zone of Islam   The Events of the Fourth Year of Migration   The Events of the Fifth Year Of Migration   The Battle of Ahzab   The Last Stage of Mischief   The Events of the Fifth and Sixth years of Migration   The events of the Sixth Year of Migration   A Religious and Political Journey   The Events of the Seventh Year of Migration   Fort of Khayber the Centre of Danger   The Story of Fadak   The Lapsed ‘Umrah   The Events of the Eighth Year of Migration   The Battle of Zatus Salasil   The Conquest of Makkah   The Battle of Hunayn   The Battle of Ta’if   The Famous Panegyric of Ka’b Bin Zuhayr   The Events of the Ninth Year of Migration   The Battle of Tabuk   The Deputation of Thaqif goes to Madina   The Prophet Mourning for his Son   Eradication of Idol-Worship in Arabia   Representatives of Najran in Madina   The Events of the Tenth Year of Migration   The Farewell Hajj   Islam is completed by the Appointment of Successor   The Events of the Eleventh Year of Migration   A Will which was not written   The Last Hours of the Prophet  

Uncommon Judicial Rulings

It has been stipulated in fiqh that adjudication has certain criteria which the judge may not violate. These include: evidence or oath, the oath given on weak and inconclusive evidence (qasamah in cases of lawth), the knowledge of the judge, or admission, where the judge not able to give a positive or negative judgement violating them.

He may resort to drawing lots only when there is a conflict of rights, not in order to determine and reveal the ruling but to make a division and in cases which are similarly doubtful. The matter is elaborated in legal works. It has been pointed out that drawing lots has a basis in the Noble Qur’an, and to mention it here is not without benefit. God, the Exalted, has said:

“For thou wast not with them, when they were casting quills which of them should have charge of Mary; thou wart not with them, when they were disputing.” (3:44)

“…And cast lots, and he was of the rebutted.” (37:141)

The last verse means that Jonah was a loser in the casting of lots when his arrow appeared, and he was thrown into the sea and swallowed by the whale. That has no connection with adjudication because of the general character of the act of drawing lots. Nevertheless, it has some relation to it and so must be indicated here.

The difference between the rulings of Dawud (A) and Sulayman (A) on tillage-“when the sheep of the people strayed there” (21:78)­may come to one’s mind Sometimes their difference is attributed to ijtihad, and at other times to the revelation to Sulayman which abro­gated the ruling of Dawud.

I say: With regard to Divine judgement, there is no scope for a prophet to perform ijtihad according to personal judgement and reflec­tion. In addition, God, the Exalted, has said:

“And We made Sulayman to understand it.” (21:79)

This suggests that the `understanding’ was the result of Divine inspira­tion. Similarly, that which was given to Dawud, peace be upon him, was from God, the Mighty and Sublime, since God gave him “wisdom and speech decisive (fasl al-khitab).” (38:20). It is said that by fasl al khitab is meant the rule that evidence lies with the claimant and oath upon the denier. As for the abrogation, it has perhaps not been estab­lished because of the possibility of both the judgements being correct­ though Sulayman’s ruling was more beneficial and proper with regard to the litigants.

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