Then he should study the
precedents and the law of the case and do equal justice between
the suitors, fixing his eye upon the truth and committing his
affair to God, to whom belong might and majesty. Let him require
proof of the complainant, and if he adduce it, let him put the
defendant to his oath; for this is the ordinance of God. He
should receive the testimony of competent Muslim witnesses, one
against another, for God the Most High hath commanded judges to
judge by externals, He Himself taking charge of the secret
things. It behoves the judge also to avoid giving judgment,
whilst suffering from stress of pain or hunger, and that in his
decisions between the folk he seek to please God, for he whose
intent is pure and who is at peace with his conscience, God shall
guarantee him against what is between him and the people. Quoth
Ez Zuhri,[FN#68] "There are three things, which if they be found
in a Cadi, he should be deposed; namely, if he honour the base,
love praise and fear dismissal." It is related that Omar ben
Abdulaziz once deposed a Cadi, who asked him why he had done so.
"It has come to my knowledge," replied Omar, "that thy speech is
greater than thy condition." It is said also that Iskender[FN#69]
said to his Cadi, "I have invested thee with this function and
committed to thee in it my soul and my honour and manhood; so do
thou guard it with thy soul and thine understanding.
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