Qadi Ruling Against Shari`ah

Question:

as salaamu alaykum,

Dear teachers, I pray you are in good health. Can someone please provide or direct me to any discussion amongst the fuqaha regarding a Qadhi who, in a particular scenario, gives a ruling explicitly against the Sharia due to some extrinsic reason, such as his having some emotional connection to the plaintiff. If such a judge, issues this ruling out of corrupt desire, rather than intending to ‘rule by other than the law of Allah,’ would it have any legal bearing on his iman?

May Allah reward you for your help.

Answer:

`Alaykum as-Salam,

“The qadis are three types; the first knows right and rules by it: he is in Paradise. The second rules for people based on ignorance: he is in the Fire. The third knows right but rules in violation of it: he is in the Fire.”

In the Four Sunan. Al-`Iraqi, al-Suyuti and others said it is a sahih hadith.

Wa ‘s-Salam,

Hajj Gibril Haddad

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