Ali Ibn Abi Talib - Volume 1 of 2

484 Financial andjudiciary institutions at the time of 'Ali
2.4.2. Not nullifying verdicts
issued before his time
Amir al-Mu'mineen 'Ali (&) was keen to achieve stability,
and he thought that a judge had no right to nullify a verdict issued by
another judge. 'Ali had written down the treaty between the people of
Najrh and the Prophet (g), but at the time of 'Umar (&), their
numbers increased until he feared for the people concerning them. A
disagreement arose among them, and they came to 'Umar (&)
asking for compensation, so he compensated them. Then they
regretted it, and something happened among them, so they came to
him and asked him to let them off, but he refused to do so. When 'Ali
(&) became caliph, they came to him and said: "0 Amir al-
Mu'mineen, you interceded for us and wrote a treaty with your right
hand." 'Ali (&) said: "Woe to you! 'Umar was right in what he
did.43 I will never undo the verdict of 'Umar."
2.4.3. Qualifications for the
position of judge
The judiciary is a public post, so the same conditions are
required for a judge as for anyone else who is appointed to a public
post over the Muslims, namely being of sound mind, being an adult
and being a Muslim. In the case of the judge, it is stipulated that he
should have no interest in what people possess, he should be
forbearing and not provoked by words, he should not be angered by
misbehaviour, and he should be knowledgeable of the rulings of
Sharia and of what abrogates and what is abrogated. 'Ali ibn Ahi
TSib said to a judge: "Do you know what abrogates and what is
ahrogated?" He said: "No." He said: "You are doomed and cause
others to he doomed."44 'Ali asked him about that because
knowledge thereof was not an easy matter at that time.