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saberrider

Are women allowed to be judges in Islam

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2 hours ago, saberrider said:

I would really appreciate it if you mention your source.  

Are you speaking of being a Qadi?

https://en.wikipedia.org/wiki/Qadi#Women_as_qadis

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Women as Qadis

Although the role of qadi has traditionally been restricted to men, women now serve as qadis in many countries, including Egypt, Jordan, Malaysia, Palestine, Tunisia, Sudan, and the United Arab Emirates. In 2009, two women were appointed as qadis by the Palestinian Authority in the West Bank. In 2010, Malaysia appointed two women as qadis as well. However, it was decided that as women they may only rule over custody, alimony, and common property issues, not over criminal or divorce cases, which usually make up most of a qadi's work. In Indonesia, there are nearly 100 female qadis.  In 2017, Hana Khatib was appointed as the first female qadi in Israel.

There is disagreement among Islamic scholars as to whether women are qualified to act as qadis or not.

 

However, here is a dissenting opinion...I'm not sure I agree with this opinion simply on principal, and the fact that I just can't verify sources for this. In all honesty, this just makes no sense to me. Clearly, the author either lives in a male dominated culture which suppresses the ability of women to achieve anything. Like I said I reject this on principal, and from the sheer fact that its not applicable to all women.

https://www.al-Islam.org/parables-important-questions-simple-answers-muhsin-qaraati/67-why-are-women-unable-be-judges

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67. Why are women unable to be judges?

God has created women for the upbringing of a generation and this upbringing needs to be full of kindness, compassion and tenderness which is found at the hands of women. These feelings and emotions puts judgements in jeopardy, because a judge facing one who has committed a crime, must not be affected by tears, whinging, lies and threats of a criminal wishing to escape judgement, and If not dealt with strictness and strength, soft feelings may be affected and hurt to a point where the rights of others may be compromised.

It may be said that there are some men that are emotional and that there are women that have strength and strictness, but rulings are based on general principles rather than unique cases.

In addition, it is not so that a right has been taken away from women, rather, it is a burden and weight off the shoulders of women and should not be considered as a privilege for men.

 

However, this is worth some investigating...it lists the criteria necessary for any person to be a valid Qadi. According to this it clearly states the traits that any person needs to have in order to be a Qadi. Doesn't say anything about Male or Female, but instead lists more important information about how a Qadi must arrive at their decision. 

https://www.al-Islam.org/al-tawhid/vol9-no1/Islamic-system-judiciary-Qur'an-ayatullah-jawadi-amuli/Islamic-system-judiciary#2-criterion-judiciary

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2. The Criterion for the Judiciary

It has been explained in the previous section that judiciary is necessary for safeguarding social system and to curb unruly behaviour. In this section we will discuss its criterion. It may appear at first that the human intellect can independently discover these rules and that its range covers what the thinking man attains through his judgement without resorting to heavenly scriptures and, in fact, without needing them at all.

However, a deep study of the evidence for the necessity of judiciary shows that the human intellect is insufficient for it and is incapable of determining the criterion for judiciary and defining its scope. This is because the views of one person-as has been mentioned­ are not all in agreement with those of other people.

Each person considers his ideas to be right and regards other people's ideas as misconceptions. He imagines that hg views are appropriate and would benefit mankind, while the ideas of others are inadequate and harmful. Thus ensue the intellectual arguments and the academic debates and discussions.

In addition to this, everyone is naturally disposed to put one's interests and those of one's group and family above those of others, regarding them to be better entitled than others. This would have great consequences for the method of laying down and applying the law.

The following conclusions can be derived from the above dis­cussion.

The need to remove disagreements and solve disputes makes the existence of a judiciary necessary. The human intellect is not adequate to provide felicity to human society on its own. On the contrary, it is the light that illuminates the way-the way indicated by divine revela­tion-and guides those who follow it to the desired goal.

If the human mind-because of its intellectual inadequacy and its being infested by questionable motives-is inadequate in determining the criterion for judiciary, then an inquiry should be made into what the perfect stand­ard for judgement between people should be. This may be done by looking at two points:

Firstly, the inability of human thought and its failure to offer the judicial standard. Secondly, the genius of divine revelation and its competence in determining the judicial system, since it has been derived from the Unseen and transcends the natural laws, as we will see, God willing.

The first point is indicated by the statement of God; the Exalted:

“...Messengers bearing good tidings, and warning, so that mankind might have no argument against God, after the Messengers; God is All-mighty, All-wise”. (4:165)

This indicates that the intellect on its own is inadequate for attain­ing perfection and guidance to the most correct path. For were it sufficient, the argument for the adequacy of the intellect and reliance on its guidance would be justified. If people committed sins and per. formed offences, the argument of Allah against them would be estab­lished (for the intellect which had been given them had forbidden them from it, so why did they not follow it but go against it?) It would then be right for them to be punished for their sins and evil deeds. However, the noble Qur'an does not support or sanction punishment before sending Messengers. God, the Exalted, has said:

“We never chastise until We send forth a Messenger”. (17:15)

“Had we destroyed them with a chastisement aforetime, they would have said, `Our Lord, why didst Thou not send us a Messenger, so that we might have followed Thy signs before we were humiliated and degraded”' (20:134)

This proves that it is not God's practice to chastise His creatures before dispatching Messengers, nor to humiliate, disgrace, and destroy through punishment a people before sending Prophets to them. Were it not so, these creatures would protest to God that the punishment was carried out before the proof was completed.

The weakness of human thought and the fact that man is not aware of all beneficial and harmful con­sequences of his acts, even in matters closest to him, is pointed out in the statement of God, the Exalted, when explaining the distribution of inheritance and appointing specific shares to each heir:

“You know not which out of them is nearer in profit to you”. (4:11)

When explaining the necessity of belief in revelation and the imper­missibility of turning away from it, God, the Exalted, says:

“So when their Messengers brought them the clear signs, they rejoiced in what knowledge they had, and were encompassed by what they mocked at.” (40:83)

This indicates that man's knowledge does not guarantee him happiness, otherwise it would not be wrong on his part to be content with it. However, it is not so because he is incapable of attaining through it what he needs.

Thus it is reprehensible for man to confine himself to his own knowledge and turn away from what the Prophets have brought. In the following statement, God, the Exalted, indicates that man is unable to establish justice and determine the rules of a just judiciary with the sole means of the intellect that has been given him:

“Indeed we sent Our Messengers with the clear signs, and We sent down with them the Book and the Balance so that men might uphold justice. And We sent down iron, wherein is great might, and many uses for men, and so that God might know who helps Him, and His Messengers, in the Unseen. Surely God is All-Strong, All-Mighty”. (57:25)

This indicates that the aim of sending the Messengers with clear signs and sending the scriptures with them was that the people should uphold justice. If man were able to achieve justice through his intel­lect and without the need for revelation, there would have been no need for it.

The reason for man's being unable to define the standard for the judiciary is that there lie before him various worlds and higher and lower levels and degrees of existence. He moves from one world to another and from one level to another and he is immortal and imperish­able. Since he moves from one abode to another, he must seek per­fection through a power that does not cease or perish, and which does not harm his world or his Hereafter.

Obviously, determining such a power requires a comprehensive knowledge of the true nature of man and what makes him ascend to the highest stages or brings him down to the lowest levels. How does that knowledge compare with the little knowledge that has been given man, who does not have much understanding of what will benefit or harm him?

The second point-the capacity of divine revelation in explaining the judicial system-is indicated by several Qur'anic verses.

“Whoso judges not according to what God has sent down-they are the un­believers”. (5:44)

“Whoso judges not according to what God has sent down-they are the evil­doers”. (5:45)

“Whosoever judges not according to what God has sent down-they are the ungodly”. (5:47)

The difference between unbelief (kufr) and the other contingent evils, as regards the judiciary, will be explained. Among them is the statement of God, the Exalted:

“Is it the judgement of pagandom then that they are seeking? Yet who is fairer in judgement than God, for a people having conviction?” (5:50)

These verses suggest that judgement is either the judgement of Allah, determined by revelation, or the judgement of pagandom (jahiliyyah). The latter includes every judgement and law followed by men, whether it is described as civilized or not and whether it is accepted or rejected by all people or some of them.

This is because there is nothing after truth except falsehood, and following that which is not from Allah, the Exalted, necessitates moving away from the straight path which leads to paradise. There are only two paths, whatever they may be called, and no third one: the path of Allah, guiding to the straightway, and the path of the false God (taghut) leading down into the deep abyss of perdition. Furthermore, God, the Exalted, says:

And whatever you are at variance on, the judgement thereof belongs to God. That then is God, my Lord; in Him I have put my trust, and to Him I turn penitent. (42:10)

The verse indicates that the sole recourse for settling differences is judgement of Allah, and no other, whether these differences concern rights, property or some other matter. God, the Exalted, says:

“So judge between them according to what God has sent down, and do not follow their inclinations to forsake the truth that has come to thee”. (5:48)

This judgement is none other than that which has been revealed by Allah. There are other verses which restrict the criterion for judiciary to divine revelation, indicating that everything besides that is ignorance and error, that anything other than the law (Din) of Allah is not accept­able and that any other path will not lead to the pleasure of Allah and paradise. On the contrary, it will lead to Allah's displeasure and

the abode of ruin-Gehenna, wherein they are roasted; an evil establish­ment!” (14:28-9),

for it is not a path which guides to the right goal. That is why the Mighty and Sublime has addressed those who have turned away from the revelation and from the Messenger, saying:

“Where then are you going? It is naught but a Reminder unto all beings”. (81:26-27)

The meaning of the term knowledge (`ilm) becomes clear when God the Exalted, urges that we should not say what we do not know and that we should not deny what we do not know. He emphasizes that affirma­tion and denial must be through knowledge, and confirmation and rejection through understanding. He says of those who disbelieve without knowledge:

“No; but they cried lies to that whereof they comprehended not the knowl­edge, and whose interpretation had not yet come to them”. (10:39)

“Has not the compact of the Book been taken touching them, that they should say concerning God nothing but the truth?” (7:169)

This verse urges one to restrict oneself to speaking only through knowl­edge and affirming only through understanding. Similarly, God, the Exalted, also says:

“And pursue not that thou hast no knowledge of; the hearing, the sight, the heart-all of those shall be questioned of” (17: 36)

The knowledge mentioned in these and other similar verses refers to that which relates to happiness and a good life and is in keeping with the revelation of God, the Exalted, to His Messenger. It is immune from the evils of ignorance, forgetfulness; and tyranny, and it is rightly the object of hope and the sole basis for judiciary. As for the intellect, it is independent in matters of doctrine (usul al-Din) and its guidance makes possible a knowledge of Allah, the Exalted, and faith in Him.

Similarly, it facilitates a knowledge of the Messenger and the necessity of his infallibility and freedom from sin and error in delivering the message, and a knowledge of the doctrine of the Hereafter and man's resurrection with his soul and body for the Judgement.

Despite this, however, the intellect is incapable of grasping many matters relating to these important principles, and is also incapable of understanding the benefits and harms latent in actions, laws, and customs. Therefore, it is always in need of the guidance of revelation in circumstances that come upon it and in need of its instructions on what it cannot attain by itself. God, the Exalted, says:

“...and to teach you that you knew not”. (2:151)

To conclude, the criterion of the judiciary is the criterion which Allah has sent down through revelation and laid down for the people in order that they may establish justice and equity amongst themselves.

 

Ok, so how about we take it even a step further and look at this...

https://www.al-Islam.org/al-tawhid/vol9-no1/Islamic-system-judiciary-Qur'an-ayatullah-jawadi-amuli/Islamic-system-judiciary#3-rules-conduct-judge

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3. The Rules of Conduct for the Judge

It has been made clear that the judiciary is necessary to protect human society and that its criterion is nothing other than revelation. In this section, we wish to discuss its external realization and how it can exist in the desirable form that will afford the application of divine justice derived from revelation.

The administration of justice in human society is possible through a judge who has knowledge of the divine criterion for judiciary and who believes in it and acts in conformity with it. If knowledge, faith, and action did not exist together, the criterion itself would not have any effect, for it would be like a lamp in the hand of a blind person who can neither benefit from it himself nor benefit others.

He would not be safe from stumbling and the lamp would either break or be extinguished. Thus, the practising judge has to be a just scholar (`alim `adil).

Man is controlled by three important faculties from which springs felicity or misery. They are: his intellect (`aql), through which he grasps matters; his Desire (shahwah), through which he seeks things and wants them for himself; and his Anger (ghadab), through which he repels from himself what he dislikes.

Knowledge and justice must inform these three faculties, so that the judge may not deviate in judgement or depart from the path of truth. His intellect should be directed towards acquiring and teaching that which has been brought by the Prophets, so that desires (ahwd') do not affect him. There is no room for personal judgement (ray) in' religion, and whoever rules through his personal judgement perishes.

He who abandons the Book of Allah, the Exalted, and the Sunnah of His Prophet, has disbelieved; he who relies on him­self when faced with a problem is led astray and he who relies on his judgement in ambiguous matters is as one who has made himself his own leader (Imam).

Justice should inform his Desire, and he should not rule out of a liking for a particular matter or a specific person. Nor should he rule out of a desire for wealth, status, or position, or for other reasons springing from vain urges. His Anger should be temperate, and he should not rule out of hatred for a matter or hostility to a person, or out of fear of a threat or intimidation, or for any other reason related to anger, hatred, and the like.

The person who is balanced in his intellect through the teaching of the divine revelation and his faith in it, and is balanced in his. Desire and Anger-since his love and hatred are in the way of Allah, the Exalted-such a person is suitable for judgement between people.

Concerning self-discipline, particularly in relation to judiciary, the Noble Qur'an deals with the regulation of the three above-men­tioned faculties.

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 bad person­sessed 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 contrary, 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.

 

So based on this I can't see any reason, other than the rules of interaction between the sexes, preventing a woman from being a Qadi. 

As long as the person meets the qualifications and criteria listed above they can be a Qadi.

Edited by Akbar673

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16 hours ago, Diaz said:

No human being is allowed to be judged by another human being. Only Allah (سُبْحَانَهُ وَ تَعَالَى) have the right to judge us.

it's a dangerous  idea from Khawarij because people like as Imam Ali(عليه السلام) judged between people also there is evidences that our Imams judged in special occasions  but judging is a very hard job that everyone can't afford it. 

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6 hours ago, Ashvazdanghe said:

it's a dangerous  idea from Khawarij because people like as Imam Ali(عليه السلام) judged between people also there is evidences that our Imams judged in special occasions  but judging is a very hard job that everyone can't afford it. 

Of course, I’m not talking about our holy Prophet ((صلى الله عليه وآله وسلم)) or our holy Imams (عليه السلام), I meant normal human beings like us. 

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23 hours ago, Diaz said:

No human being is allowed to be judged by another human being. Only Allah (سُبْحَانَهُ وَ تَعَالَى) have the right to judge us.

I wouldn’t say that, Enjoining the good and forbidding evil (Amr bil ma3roof) is a form of judging other humans, and this is an obligatory act in Islam. 

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On 12/13/2019 at 11:26 AM, Diaz said:

No human being is allowed to be judged by another human being. Only Allah (سُبْحَانَهُ وَ تَعَالَى) have the right to judge us.

What? OP is asking about jurists...

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16 hours ago, Diaz said:

Of course, I’m not talking about our holy Prophet ((صلى الله عليه وآله وسلم)) or our holy Imams (عليه السلام), I meant normal human beings like us. 

Salam our Imams also accepted judgment of others  &also allowed to people judge under their supervision even Shura'ih a judge that criticized by Imam Ali (عليه السلام) for wealthy life style but Shurai'h continued his job that there is some stories that because of his lifestyle at time of Yazeed (la) he deceived by Ibn zyad (la), he said that Imam Hussain (عليه السلام) became khariji &also calmed down tribe of Hani (رضي الله عنه) that lead to execution of Hani (رضي الله عنه) for serving &hiding Muslim ibn Aqil (رضي الله عنه) that Mokhtar sent him to judge between Jews as a punishment that promised by Imam Ali (عليه السلام) but postponed because of his martyrdom also in other hand a Christian stole shield of Imam Ali (عليه السلام) when he was caliph  that when judge asked  for witness from Ali (عليه السلام) then Imam said that he has no witness so judge gave the shield to that Christian man   that because of saying truth and accepting judge order by Imam Ali (عليه السلام) the Christian guy became a Muslim & returned stolen shield to Imam Ali (عليه السلام) 

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