With the Hadith
Judge of Grievances
We greet you all, dear listeners everywhere, in a new episode of your program "With the Hadith," and we begin with the best greeting: peace, mercy, and blessings of God be upon you.
Abu Dawood narrated in his Sunan:
Uthman bin Abi Shaybah told us, Affan told us, Hammad bin Salamah told us, Thabit told us from Anas bin Malik, and Qatadah and Humaid from Anas: The people said, "O Messenger of God, the price has risen, so set a price for us." The Messenger of God, may God bless him and grant him peace, said, "Indeed, God is the one who sets prices, the one who withholds, the one who gives, the one who provides. And I hope that I will meet God and none of you will demand of me a grievance in blood or money."
The author of Awn al-Ma'bood said:
(The price rose): that is, it rose above its usual level. (Indeed, God is the one who sets prices): in the active participle form of pricing.
(The Withholder, the Giver) that is, the one who restricts provision and other things to whomever He wills, however He wills, and the one who expands it.
The hadith and what is related to its meaning have been used as evidence for the prohibition of pricing and that it is a grievance. The reason for this is that people have authority over their wealth, and pricing is a restriction on them. The Imam is commanded to take care of the interests of the Muslims, and his concern for the interest of the buyer by reducing the price is not more important than his concern for the interest of the seller by providing the price. When the two matters are equal, it is necessary to enable both parties to strive for themselves, and forcing the owner of the goods to sell at a price that he does not agree to is contrary to the saying of God Almighty: {Except that it be trade by mutual consent}. This is the opinion of the majority of scholars, and it was narrated from Malik that it is permissible for the Imam to set prices, and the hadiths of the chapter refute him. This is mentioned in Al-Nayl.
Al-Mundhiri said: Al-Tirmidhi and Ibn Majah narrated it, and Al-Tirmidhi said it is good and sound.
Dear listeners:
The Messenger of God, may God bless him and grant him peace, made pricing by the ruler a grievance, because pricing is not the right of the ruler. If he does it, he has done something he has no right to do, so it is a grievance for the people. Likewise, all the issues that occur in public rights that the state organizes for the people have been made subject to grievances. If an administrative system is established for the benefit of one of the people's interests, and one of the people sees that this system oppresses him, then his case is considered a grievance, because it is a complaint against an administrative system for the benefit of one of the people's interests that the state has established, such as the state establishing a system for irrigating crops from public water according to a rotation among farmers. If one of the farmers finds that this system oppresses him, then he has the right to raise his grievance to the Caliph or whoever the Caliph appoints from the judges of grievances to consider it and remove the injustice from the complainant if the validity of the grievance is proven.
Muslim narrated in his Sahih:
Qutaiba bin Saeed told us, Laith told us H, and Muhammad bin Rumh told us, Laith told us from Ibn Shihab from Urwa bin Al-Zubayr that Abdullah bin Al-Zubayr told him
That a man from the Ansar argued with Al-Zubayr before the Messenger of God, may God bless him and grant him peace, about the streams of the harra with which they irrigated the palm trees. The Ansari said, "Let the water flow." But he refused to let them. So they argued before the Messenger of God, may God bless him and grant him peace. The Messenger of God, may God bless him and grant him peace, said to Al-Zubayr: "Irrigate, O Zubayr, then send the water to your neighbor." The Ansari became angry and said, "O Messenger of God, is it because he is the son of your aunt?" The face of the Prophet of God, may God bless him and grant him peace, changed, then he said: "O Zubayr, irrigate, then hold back the water until it returns to the wall." Al-Zubayr said, "By God, I think this verse was revealed about that: {But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves, and then find within themselves no discomfort}"
It is understood from these two hadiths that any grievance that occurs to a person, whether it is from the ruler or from the state's regulations and orders, is considered a grievance, and its matter is raised to the Caliph or whoever the Caliph appoints from the judges of grievances to judge in it.
The Judge of Grievances is a judge appointed to remove every grievance that occurs from the state to any person living under the authority of the state, whether they are from its subjects or from others, and whether this grievance occurs from the Caliph or from those below him from the rulers and employees.
Appointment of Judges of Grievances:
The Judge of Grievances is appointed by the Caliph or by the Chief Justice, because grievances are part of the judiciary, so it is an announcement of the Sharia ruling in a binding manner, and the judge of all types is only appointed by the Caliph because it has been proven that the Prophet, may God bless him and grant him peace, was the one who appointed the judges of all types ... Therefore, the Judge of Grievances, as he is one of the judges, is appointed by the Caliph, and it is permissible for the Chief Justice to appoint him if the Caliph makes that for him in the contract of assignment.
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A court for grievances is formed in the center of the state, headed by the president of the central grievance court, who has the authority to consider the removal of the Caliph, and subsidiary courts are formed for it in the rest of the states.
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Powers of the Grievance Judiciary:
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The Grievance Court has the authority to consider any grievance, whether it is:
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Grievances related to individuals or the state apparatus
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Grievances related to the Caliph's violation of the provisions of Sharia
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Grievances related to the meaning of a text of legislation in the constitution, law, and other Sharia rulings within the Caliph's adoption
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Grievances related to the people's grievances about the administrative laws related to their interests
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Grievances related to imposing a tax from the taxes ..... or other than that
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The work of the Central Grievance Court may be limited to considering the grievance from the Caliph, his ministers, and the Chief Justice ... and its branches in the states may consider the grievances from the governors, workers, and other state employees.
Appointment and Removal of Judges of Grievances:
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The Caliph may give the Central Grievance Court the authority to appoint and remove the Judges of Grievances in the Grievance Courts in the branches of the states affiliated with the Central Grievance Court.
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The Caliph is the one who appoints and removes the members of the main Grievance Court in the center.
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As for the president of the Grievance Court who considers the removal of the Caliph, his removal is originally within the authority of the Caliph, except in one case ... which is that there is a case filed against the Caliph or his ministers or his Chief Justice (if the Caliph has given him the authority to appoint and remove the Judge of Grievances) ... because keeping the authority of removal in the hands of the Caliph in this case is most likely to lead to the forbidden, as it will affect the ruling and thus limit the judge's ability to remove the Caliph or his aides, for example, and this authority of removal will be a means to the forbidden, that is, keeping it in the hands of the Caliph in this case is forbidden ... according to the Sharia rule: The means to the forbidden is forbidden
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As for the rest of the cases, the ruling remains on its original state, meaning that the authority to remove the Judge of Grievances is for the Caliph, just like his appointment, exactly the same.
It is worth mentioning that judging in any grievance, no matter what its subject is, does not require the presence of a plaintiff or the summoning of the defendant, and therefore it is not required to be considered in a judicial session ... The Grievance Court has the right to consider the grievance even if no one claims it, and it is not obligated to summon the defendant, and therefore it is not obligated to hold a judicial session .... Rather, it considers the grievance when it occurs and issues the ruling without being restricted by place or time.
In conclusion, given the status of this court in terms of its powers ... there is nothing wrong with surrounding it with manifestations of awe and greatness .... by making it a luxurious house, as this is one of the permissible things, especially if this shows the greatness of justice. In the time of the sultans in Egypt and the Levant, the sultan's council in which he considered grievances was called the House of Justice, and he would appoint deputies in it and judges and jurists would attend. Al-Maqrizi mentioned in the book (The Conduct to the Knowledge of Kings) that Sultan Al-Malik Al-Salih Ayyub arranged for deputies to sit in the House of Justice to remove grievances, and with them were witnesses, judges, and jurists.
Dear listeners, until we meet you with another prophetic hadith, we leave you in God's care, and peace, mercy, and blessings of God be upon you.
