ভূমিকা

Shiavault - a Vault of Shia Islamic Books The Shi'ah - the Divine Code of Living Passing Judgement (qadawah) =============================== The rank of qadi (judge), and that of the administrator of justice have great importance, and in fact these are ranks worthy of great respect. In the Imamiyah sect, the responsibility of the judiciary is considered an adjunct of the prophethood, the imamate and the state in general. God, the Almighty has said, "O David.

We have appointed you vicegerent in the earth; so judge between the people with justice." (38:26) And again He says, "By the Lord (O Prophet), they believe not until they have set you up as their judge in all that they dispute about among themselves, and thereafter find not in their selves any vexation against what you decide, and submit with total submission." (4:65) The qadi and judge are the nawamisu' th-thalathah (custodiansof three things - life, property and honour).

That is why there are serious dangers in this rank at every step, and if the texts of the traditions are carefully studied, we shall find that it is so exalted a rank that even the mountains seem to be insignificant before it. Hadrat Amir al-Mu'mimin (a.s.) says, "The qadi should be considered to be on the brink of Hell. The qadi's tongue is between two balls of fire.

O Shurayh, you are sitting at a place where sits either a prophet or his "wasiy" (successor) or else some wicked person." It is stated in a tradition of the Prophet (s.a.w.), "If somebody is made a qadi it means that he has been slaughtered without a knife." There are many traditions of this nature.

If a ruling which a "faqih" (expert in jurisprudence) deduces from proofs concerns some general principle, it is called a "fatwa"; for instance, it is unlawful to use someone else's property without his or her permission, the wife of a man is lawful to him but she is unlawful to a stranger. But if the order pertains to some particular case it is called a judgement (qada). for instance, "This woman is the wife. "This woman is a stranger." "This is Zayd's property.

"That is the property of such and such a person." Whether it is a "fatwa" or a "qada", both of them are duties of a just mujtahid who is the general proxy of the Imam.