Firstly, it refers to the moderation (ta'dil, a derivative of `adl, justice; ta'dil means informing something with justice) of the intellect through the scriptural instruction and teachings of the prophets, peace be upon them. He who does not judge according to what Allah has revealed, is a disbeliever. This has been mentioned in the previous section, so we will not repeat it.
Secondly, it refers to the ta`dil of love. God. the Exalted, says: O believers, be you securers of justice, witnesses for God, even though it be against yourselves, or your parents and kinsmen .... (4:135)
God, the Exalted, has commanded the believer to be a `securer of justice', which is more important than upholding justice. He has commanded that his testimony should be for God, even though it may be against himself, his parents, or his kinsmen, so that his love for himself or his kinsmen does not prevent him from establishing justice or bearing witness for God. If he was required to make an admission, against himself; he should do so. If the establishment of truth calls for testifying against his nearest relatives, he should not hold back from it. Then his Desire would be just, and his love would be for God, and he would be attracted towards God. He would not desire anything that God was not pleased with, nor be tempted by something God disliked. He would not desire an unjust thing or incline towards vanity, and it would not be possible to influence or dominate him through his Desire. Thirdly, it refers to the ta`dil of Anger. As God, the Exalted, says:
O believers, be you securers of justice, witnesses for God. Let not detestation for a people move you not to be equitable; be equitable-that is nearer to god fearing. And fear God; surely God is aware of the things you do. (5:8)
In this verse, God, the Exalted, commands the faithful to be `securers of justice' for God and witnesses for justice. Like the previous verse this one is also concerned with justice and equity. God, the Exalted, also warns the believer - lest hatred of a people and enmity to them should lead him to abandon justice and lest hatred should influence his judgement. The judge must be-guided by the laws of God, the Exalted, so that his anger is only for the sake of God, and his hatred for a people must not cause him an unjust ruling. If the faculty of his `Anger' is regulated in this way, he will have no fear of anyone other than Allah and it will not be possible to influence him through the arousal of his `Anger'.
When man attains this kind of control over the self, and is possessed of knowledge and justice, and his intellectual and behavioural faculties have been moderated, then it is in order for him to apply himself to adjudication and occupy the position held by none other than the prophet or his authorized trustee (wasi) for even if he is neither a prophet nor authorized as a trustee through a special trusteeship (wisayah) as in the case of the Infallible Imams, peace be upon them-he is a trustee through a general trusteeship in accordance with the texts of appointment (nasb).
It is also proper that this judge should pave judgement through his knowledge, since all dicta are proved through knowledge whereas knowledge is a proof in itself. So if a just judge has knowledge of the truth, then he should judge according to his knowledge, so as to comply with the verses which command ruling with justice. In fact, if the evidence produced is contrary to his knowledge or the denier takes an oath asserting something contrary to his knowledge, he should refrain from judgement or refer the case, for example, to another judge. It is not permissible for him to rule contrary to his knowledge, even if the evidence or the oath is acceptable.
It is not right that his judgement should be revoked or refuted, since this would be like refuting the Infallible Imam, which in turn would be similar to refuting God, the Exalted. That would actually amount to unbelief and practically to polytheism (shirk), though it may not involve creedal unbelief, because creedal unbelief concerns the outright denial of one of the fundamental doctrines of religion.
One of the most important rules of conduct for the judge is to be on guard against bribery when passing judgement, because that amounts to unlawful gain, unfaithful conduct and transgression and has been forbidden by the noble Qur'an: Consume not your goods between you in vanity; neither proffer it to the judges, that you may sinfully consume a portion of other men's goods, and that wittingly. (2:188)
The Qur'an has forbidden the giving of money to judges in the hope of extracting an unjust judgement from them. The term idla' (proffering) means sending a bucket down into the well to bring out water from its depths. It should be noted that the use of this word here means that bribery is like a bucket sent down into the bosom of the judge to extract injustice and wrong from his wicked heart. The inward must be pure and the heart unblemished, so that it does not incline towards wealth and is not influenced by coercion. The Qur'an has forbidden these two qualities in the following verse: So fear not men, but fear you Me; and sell not My signs for a little price. (5:44)
The first part of the verse is a prohibition against misplaced fear, as a regulation of the faculty of Anger, and the second is a prohibition against misplaced attraction, as a regulation of the faculty of Desire, along with the suggestion that the whole world is of little worth. If the unjust judge were to take the whole world for making a wrong judgement, he would have sold the judgement of Allah for a `little price', since what is transitory is of little value however much it may appear to be. The bribery that has been forbidden is not only of the pecuniary kind. On the contary, it also includes advantages and benefits and may be a particular act performed by the briber, or words of praise, or a display of his respect and reverence for the judge. All these are forbidden, for the term `bribe' is applicable to them and the, rule concerning it applies to them. [1] In the `Rules of Conduct for Litigants' we will mention that giving and receiving bribe are both unlawful.
It is apparent from what has been previously mentioned that it is necessary for the judge to be on guard against becoming an advocate for the treacherous person, whether it is by misplaced inclination or repulsion. God, the Exalted, says: Surely We have sent down to thee the Book with the truth, so that thou mayest judge between the people by that God has shown thee. So be not an advocate for the traitors. (4:105)
The judge has been forbidden to be an advocate for the traitor and defend him, for the traitor only deceives himself, and so is not liked by Allah, the Exalted. The judge must be on his guard against inclining towards him, defending him, driving away the oppressed person, and standing by the oppressor.

Conclusion
The aim of the judiciary is that the judge should possess the greatest impartiality, emanating through wisdom in the intellectual faculty, through generosity and integrity in the faculty of Desire, and through courage in the faculty of Anger, so that the judiciary becomes free from the pollution of injustice, vanity, and falsehood, and achieves unequalled good. One of the rules of judiciary is that the judge should not hasten with judgement before complete investigation and questioning of the litigants. This is indicated by the statement of God, the Exalted: Behold, this my brother has ninety-nine ewes, and I have one ewe. Yet he says, "Give her into my charge"; and he has overcome me in the argument.' Said he, `Assuredly he has wronged thee in asking for thy ewe in addition to his sheep; and indeed many partners do injury one against the other, save those who believe, and do deeds of righteousness-and how few they are!' And David thought that We had only tried him; therefore he sought forgiveness of his Lord, and he fell down, bowing, and he repented. (38:23-24)
This verse indicates that it is essential to abandon haste in identifying the culprit and the offence, even though it is in compliance with the presumption of the soundness of the case. There is nothing in the verse to indicate criticism in relation to the conduct of the Prophet David, since this episode is narrated in the Surat Sad between two commendations of Dawud, peace be upon him. Before the above-mentioned verse, God, the Exalted, says: And We gave him wisdom and speech decisive. (38: 26)
After the verses 23-24, God the Exalted says: David, behold, We have appointed thee a viceroy in the earth; therefore judge between men justly. (38:26)
Undoubtedly, a prophet whom Allah has given `wisdom and speech decisive' and whom He has made a viceroy in the earth, commanding him to judge between men justly, does not hasten in judgement before .decisively completing a proper investigation. Thus it is certain that what issued from Dawud, peace be upon him, was only mentioned as a presumption and a hypothesis, i.e. it is an injustice to presume the veracity of a hypothetical case. Therefore, the judge must abandon haste in such a decision as well, and must treat both the litigants equally in looking at them and speaking to them. He should know that his tongue is between two flames of fire, and that his tongue is behind his heart; so if it is right for him he should speak, otherwise he should hold back. If the judge has not learned to conduct himself in accordance with the Divine norms, his judgement would have no significance, even if it were correct; since two matters have to be taker. into account in adjudication; firstly, the actual good (al-husn al-fi'li), which is that the judgement should be in accordance with the truth; secondly, the efficient good (al-husn al-fa`ili), which is that the judgement should issue from a pure soul and a heart with certain faith, and without fear of anyone's reproach. `The judges are of four kinds, three of which belong in the fire and one in heaven. [2] This kind is the one who judges rightly and knows that it is right.
4. The Rules of Conduct for the Litigants:
It has been demonstrated that the criterion for judiciary is nothing other than Divine revelation, and that the sole authority in settling disputes is someone learned in the revelation, who believes in it and possesses the attributes that have made him fit for adjudication. It is essential that he should be referred to in a dispute, and turning away from him to refer to someone else is turning from truth to falsehood. It is `far error' as God, the Exalted, has said: Hast thou not regarded those who assert that they believe in what has been sent down to thee and what was sent down before thee, desiring to take their disputes to tyrants (taghut), yet they had been commanded to disbelieve in them? But Satan desires to lead them astray into far error (4:60).
It is not for a believer to seek the judgement of one in whom he has been commanded to disbelieve. It is also not for an oppressor (taghut) to appoint himself to judgement. Man will not attain the degree of faith until he makes the Messenger of Allah the judge, choosing him as the arbiter, as Allah, the Exalted, had chosen him, referring to him in his disputes with others, and then not finding any objection or reservation in himself against what the Messenger has ruled, whether it is for or against him, since a believer is one who submits his affair to Allah, the Exalted: But no, by thy Lord! they will not believe till they make thee the judge regarding the disagreement between them and then find in themselves no impediment touching thy verdict, but surrender in full submission. (4:65)
The noble verse clearly explains the duty of the litigants in a disagreement or dispute, and urges taking recourse to the Messenger and no other person. It also urges complete submission to his judgement when an appeal is made to him--may blessings of Allah on him and his family-for faith is the tranquillity and peace of the soul, and is not achieved except through the submission of both the heart and the action of bodily members.
The Noble Qur'an has described as wrongdoing (zulm) the act of one who does not seek the judgement of God and His Messenger except if he is in the right. Similarly it has described as `success' the act of one who complies and is obedient when called to Allah and his Messenger so that judgement may be made between him and his adversary. The Almighty says: When they are called to God and His Messenger that he may judge between them, lo, a party of them swerve aside; but if they are in the right, they will come to him submissively. What, is there sickness in their hearts, or are they in doubt, or do they fear that God may be unjust towards them and His Messenger? Nay, but those-they are the wrongdoers. (24:48-50)
This indicates that turning away from the judgement of the Messenger only arises from wrongdoing. God, the Exalted, also says: All that the believers say, when they are called to God and His Messenger, that he may judge between them, is that they say, `We hear, and we obey'; those-they are the successful. (24:51)
This indicates that success requires submission to Allah and His Messenger. It means that the believer pledges allegiance to Allah and His Messenger, and the requirement of allegiance is that he `sell' himself and all the wealth and family he possesses to Allah and His Messenger. In this way, he neither owns his ownself nor anything attached to him, since he has sold it all to Allah and His Messenger, and it is not for him to act independently concerning himself or what appertains to him, except with the approval of Allah and His Messenger. Therefore Allah, the Exalted, has said:
It is not for any believer, man or woman, when God and His Messenger have decreed a matter, to have the choice in the affair. Whooever disobeys God and His Messenger has gone astray into manifest error. (33:36)
Just as the believer does not have a choice in seeking the judgement of Allah and His Messenger, since it is incumbent on him, similarly, he does not have a choice in his affair after their judgement has been passed against him. Not submitting to their judgement is disobedience and straying from the right path. In addition, the Messenger was sent with the Book to judge between the people with the truth, and this judgement was made obligatory on him, may benediction of God be on him and his family. Thus, referring to him and accepting his judgement became incumbent. If it were not so, then, on the one hand, judging between the people with the truth would not have been made obligatory on the Messenger, and on the other hand, it would not have been incumbent on the people to seek the judgement of the Messenger and abstain from determining it among themselves.
Note: Firstly, it should be noted that taking recourse to the taghut is disobedience, and taking wealth by virtue of his judgement is unlawful gain, even though what has been taken may be lawful. This is if the disputed wealth consists of a particular property or article. As regards debt, it is doubtful whether the same rule applies to it. Details of this should be sought from books on jurisprudence.
Secondly, adjudication is only for the settlement of disputes, and has no effect in altering facts, whatever they may be. When someone makes a false claim and supports it with a false witness, or denies a truth and takes a false oath, and that is hidden from the judge, the latter will rule according to the false evidence or oath and contrary to the facts. It is incumbent on everyone who has knowledge of it to be on his guard against it, for it is a piece of fire. The details of it are also in legal books.
5. The Rules of Conduct for the Witness:
Judgement has a particular basis on which the judge relies when giving his judgement. If it is strong, then the ruling is correct and in keeping with the facts, not otherwise. Like the judge, the witness must be knowledgeable and just. The difference between the two is that the judge must have a knowledge of the Divine law, while the witness must have knowledge of the matter that has been witnessed. He must comply with two points: firstly, he must have been present at the event in order to have witnessed it himself; secondly, he must be present in the court to report it (2:282) without alteration or evasion. He must not avoid, conceal, or alter testimony, because "the one who conceals it, his heart is sinful; and God has knowledge of the things you do" (2:28). Allah, the Exalted, says: O believers, be you securers of justice, witnesses for God, even though it be against yourselves, or your parents and kinsmen, whether the man be rich or poor; God stands closer to you than either of the two. Then follow not desire, so as to swerve; for if you twist or turn, God is aware of the things you do. (4:135)
The conclusion of this noble verse is that no personal, communal or economic factor should interfere with the testimony, not even the love of oneself or of parents or kinsmen. Similarly, economic factors, such as prosperity or poverty, should not influence the mode of giving witness or abstention from it. That is because Allah, the Exalted, is aware of the actions of His servants and witness to them, whatever they may be. Whoever knows that protects himself against lapses and humiliation.
The verse also shows that kinship is no hindrance to acceptance of the evidence of one of the relatives, even if it is the child's against the father. The details concerning the verse can be found in the books on law.
6. The Rules of Conduct for Judgement Between the People of the Book:
The two litigants may be Muslims, or Jews or Christians, or of differing religions. If the two litigants are Muslims, the judge will rule between them only in accordance with Islam. If they are Jews or Christians, then the judge has the choice of ruling between them according to Islam, or referring them to special courts of their religious communities so that they may be judged according to them. Allah, the Exalted, says: If they come to thee, judge thou between them, or turn away from them; if thou turnest away from them, they will hurt thee nothing; and if thou judgest, judge justly between them; God loves the just. (5:42)
This noble verse expressly suggests the choice between the two alternatives, and it is not contradicted by the literal meaning (zahir) of another text stipulating judgement between them in accordance with Islam, because, firstly, an express text (nass) enjoys precedence over the literal meaning (zahir) and also because the choice between the two alternatives is also in accordance with Islam. Thus there is no room for thinking that this verse is abrogated by the following one: So judge between them according to what God has sent down, and do not follow their caprices. (5:48)
There is no contradiction between the nass allowing choice and the zahir specifying judgement in accordance with Islam. In addition, the choice has also been revealed by Allah, the Exalted. As regards the elaboration of the opinion which says that when the two litigants are from different religious communities, it is permissible for a Muslim judge to rule according to their laws, Imam `Ali, peace be upon him, "Were the cushion folded for me, I would judge between the people of the Injil in accordance with their Injil...". Details on the topic can be found in legal works.
Some of our Imami legists [3] have supported the necessity of ruling between the two parties in accordance with Islam, since referring them back to one of the religious communities would cause fitnah. Our teacher, al-'Imam al-Khumayni, has ruled that if a dhimmi man committed adultery with a dhimmi woman, or if one dhimmi committed sodomy with another, the Islamic punishment (hadd) should be enforced. [4]
Uncommon Judicial Rulings: 1. It has been stipulated in fiqh that adjudication has certain criteria which the judge may not violate. These include: evidence or oath, the oath given on weak and inconclusive evidence (qasamah in cases of lawth), the knowledge of the judge, or admission, where the judge u not able to give a positive or negative judgement violating them.
He may resort to drawing lots only when there is a conflict of rights, not in order to determine and reveal the ruling but to make a division and in cases which are similarly doubtful. The matter is elaborated in legal works. It ha; been pointed out that drawing lots has a basis in the Noble Qur'an, and to mention it here is not without benefit. God, the Exalted, has said: For thou wast not with them, when they were casting quills which of them should have charge of Mary; thou wart not with them, when they were disputing. (3:44)
...And cast lots, and he was of the rebutted. (37:141)
The last verse means that Jonah was a loser in the casting of lots when his arrow appeared, and he was thrown into the sea and swallowed by the whale. That has no connection with adjudication because of the general character of the act of drawing lots. Nevertheless, it has some relation to it and so must be indicated here.
1. The difference between the rulings of Dawud (A) and Sulayman (A) on tillage-"when the sheep of the people strayed there" (21:78)may come to one's mind Sometimes their difference is attributed to ijtihad, and at other times to the revelation to Sulayman which abrogated the ruling of Dawud.
I say: With regard to Divine judgement, there is no scope for a prophet to perform ijtihad according to personal judgement and reflection. In addition, God, the Exalted, has said:
And We made Sulayman to understand it. (21:79)
This suggests that the `understanding' was the result of Divine inspiration. Similarly, that which was given to Dawud, peace be upon him, was from God, the Mighty and Sublime, since God gave him "wisdom and speech decisive (fasl al-khitab)." (38:20). It is said that by fasl al khitab is meant the rule that evidence lies with the claimant and oath upon the denier. As for the abrogation, it has perhaps not been established because of the possibility of both the judgements being correct though Sulayman's ruling was more beneficial and proper with regard to the litigants.

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The original in Arabic was published by Al-Tawhid (Arabic), No. 14 (3rd year, Jamadi al-'Awwal-Jamadi al-Thani 1405) pp. 44-55.
The author is a leading Iranian philosopher and scholar, and it was he who led the delegation that carried Imam Khumayni's historic letter to President Gorbachev.
[1]. Al-Tabataba'i, al-`Urwat al-wuthqa, p.3.
[2]. Al-Wasa'il, Chapter 4, "The Qualities of a Judge."
[3]. Al-Suyuti, Kanz al-`irfan, ii, 378.
[4]. Tahrir al-Wasi'lah, ii, 464, 470, 506, 507.