The Book of the Thousand Nights and One Night, Volume II
General
The Book of the Thousand Nights and One Night, Volume II
Fairy tales; Tales -- Arab countries
Now will I tell thee somewhat of the duties of judges. Know, O
King, that no judgment serves the cause of justice except it be
given after deliberation, and it behoves the judge to treat all
people alike, to the intent that the rich and noble may not be
encouraged to oppression nor the poor and weak despair of
justice. He should extract proof from him who complains and
impose an oath upon him who denies; and compromise is lawful
between Muslims, except it be a compromise sanctioning an
unlawful or forbidding a lawful thing. If he have done aught
during the day, of which he is doubtful, the judge should
reconsider it and apply his discernment to elucidating it, that
(if he have erred) he may revert to the right, for to do justice
is a religious obligation and to return to that which is right is
better than perseverance in error. 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." To his cook
he said, "Thou art the governor of my body; so look thou tender
it." To his secretary he said, "Thou art the controller of my
wit: so do thou watch over me in what thou writest for me."'
Public-domain text, read in full here on John Shaqi.
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