The saying “Every person gets a share of their name” perfectly applies to Ali ibn Abi Talib; may Allah be pleased with him. He was noble by lineage, being the cousin of the Prophet Muhammad (may Allah’s peace and blessings be upon him) and the husband of his beloved daughter, Fatimah, may Allah be pleased with her. He was also distinguished for being one of the ten individuals promised Paradise, for his role as one of the four Rightly Guided Caliphs, for his bravery in risking his life as a young boy by sleeping in the Prophet’s bed (may Allah’s peace and blessings be upon him), on the night of the Hijrah; and for serving as the advisor to the three preceding Rightly Guided Caliphs, who preferred to keep him in Medina rather than sending him on campaigns with the rest of the companions and followers.
He excelled in knowledge and jurisprudence through his exceptional ability to deduce legal rulings from the Qur’an and Sunnah and to adjudicate disputes. He served as one of the scribes of revelation when literacy was rare. Furthermore, he was among the companions most versed in the fundamentals and branches of jurisprudence.
Ali Al-Sallabi mentioned a narration in his book, Asmaa al-Matalib, where Ali, may God be pleased with him, is quoted as saying: “I did not fall asleep nor did my head rest since the time of the Prophet Muhammad (may Allah’s peace and blessings be upon him), on any day until I knew what was revealed to Gabriel, (peace be upon him), on that day, whether it was lawful or a Sunnah or a book (Quran) or a command or a prohibition, and upon whom it was revealed.”
This love for seeking knowledge from the Quran, Hadith, Tafsir, and others made him one of the most knowledgeable prophet’s companions in the Islamic religion. Therefore, he was well-acquainted with the occasions and reasons for the revelations. In a narration by Abd al-Razzaq from Ma’mar, it is said that Ali once stood preaching on the pulpit and declared: “Ask me, and I swear by Allah, I will answer all your questions. Ask me about the Book of Allah; I swear by Allah, there is not a single verse about which I do not know whether it was revealed to the Messenger of Allah at night or during the day, in a plain or on a mountain.”
Because of his vast knowledge, Ali was among those qualified to issue religious edicts (fatwas). Ibn Al-Qayyim mentioned that among the companions, only one hundred and thirty companions, both men and women, issued fatwas. Ali frequently issued fatwas alongside Abdullah ibn Mas’ud, Aisha, the Mother of the Believers, Zaid ibn Thabit, Abdullah ibn Abbas, and Abdullah ibn Omar. Imam Ibn Hazm considered him the third most prolific issuer of fatwas among the companions. Furthermore, those who refer to the Sunan al-Tirmidhi, the Musannaf of Abd al-Razzaq, and the Musannaf of Ibn Abi Shayba will find that Ali, may Allah be pleased with him, issued fatwas during the lifetime of the Prophet Muhammad (may Allah’s peace and blessings be upon him).
Ali, may Allah be pleased with him, was committed to the Quran and the Sunnah in his fatwa. For example, in prayer, he saw that anyone residing near the mosque is obligated to pray in congregation. This is based on the hadith narrated by Abu Hurairah from the Messenger of Allah (may Allah’s peace and blessings be upon him), “A blind man came to the Prophet (may Allah’s peace and blessings be upon him) and said: “O Messenger of Allah, I have no one to lead me to the mosque.” He asked the Messenger of Allah (may Allah’s peace and blessings be upon him) to allow him to pray at home, which the Messenger of Allah did. When the man was leaving, the Prophet (may Allah’s peace and blessings be upon him) called him back and said: “Can you hear the Adhān?” He replied in the affirmative. Thereupon, the Prophet (may Allah’s peace and blessings be upon him) said: “Then respond to it.”
We find a glimpse of his diligence in the chapters of jurisprudence, such as those on purification, prayer, fasting, almsgiving, pilgrimage, trade, marriage, divorce, penal laws, offences, and others, which explains his comprehensive vision of judiciary terms of jurisprudence, implementation, and organization.
According to Ibn Al Salah in his book The Etiquette of the Mufti and Mustafti, a group of scholars in the fundamentals of jurisprudence defined diligence as “the effort of a jurist in deriving the legal ruling from its evidence, without distinguishing between the mufti and the diligent.” They considered the mufti to be absolutely diligent. This was the case with Ali, may God be pleased with him, from the late prophetic era until his caliphate, characterized by the genius of inference, and the consideration of emergencies and situations, relying on guidance from the noble Sharia.
In purification, we see the jurisprudence of welfare and the objectives of the Sharia, such as the preservation of religion, life, wealth, honour, and intellect, present in his mind as a skilled fundamentalist; thus, preserving life takes precedence over the literal application of the text, especially in necessities that legalize prohibitions.
As in the saying of Allah the Almighty in Surah Al-Baqarah: “He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah. But whoever is forced by necessity, neither desiring [it] nor transgressing [its limit], there is no sin upon him. Indeed, Allah is Forgiving and Merciful.” In this regard, Ali, may Allah be pleased with him, issued a fatwa on a similar matter, saying: “If a man becomes junub (in a state of major impurity) in a barren land (desert) and has a little water with him, he should prioritize his life with the water, and perform tayammum (dry ablution) with the earth.”
Ali, may Allah be pleased with him, was laying the initial foundations of jurisprudence, its principles, and branches during that early stage of Islam. This included the fundamental rules for deriving Sharia rulings from their valid proofs. He adhered to these principles to understand the practical Sharia rulings obtained from their detailed evidence, all before forming the jurisprudential schools and doctrines.
In the almsgiving and charity chapter, as mentioned in Ibn al-Qayyim’s book Elam al-Muwaqqi’in, Ali, may Allah be pleased with him, exempted working cows, those used in ploughing and irrigation, etc., from zakat, since it is not going to be sold.
Due to Ali’s high scholarly status, his knowledge of the Book of Allah, the Sunnah of the Messenger of Allah (may Allah’s peace and blessings be upon him), and the halal and haram, the Prophet (may Allah’s peace and blessings be upon him) sent him as a judge to Yemen in the latter part of his life. He advised him not to judge between two people until he heard from both of them.
This rule was adopted by Ali and all his subsequent Islamic judges. Hence, he said, may Allah be pleased with him, “I have never been perplexed by a judgment since then.” All the companions acknowledged this status for him, as Ibn Abbas narrated from Umar bin Al-Khattab, may Allah be pleased with them, that he said, “The most reciteful among us is Ubayy, and our best judge is Ali.” And Ibn Mas’ud said, “We used to say that the best judge among the people of Madinah was Ali ibn Abi Talib.”
Due to Ali’s notable achievements in knowledge, diligence, issuing fatwas, and judgment, he played a significant role in the decisions of the executive authority, akin to the Shura Council in our contemporary era. He was a prominent council member of the greatest in-status companions, consulted by the Rightly Guided Caliphs Abu Bakr, Umar, and Uthman, may Allah be pleased with them. These caliphs were renowned for their close relationship with the Messenger, peace be upon him, their participation in the Battle of Badr, and their early conversion to Islam. The historian and hadith scholar Ibn al-Jawzi corroborated this fact, stating, “Abu Bakr and Umar used to consult Ali, and Umar would say: “I seek refuge in God from a dilemma that has not been addressed to Abu al-Hasan (Ali).”
In family matters, his opinion is considered significant among the schools of thought regarding child custody: whether it is the right of the father or the mother in the case of separation and for the uncle or the mother if the father dies. This remains an issue where parents contest custody to this day. The judgment in this case involved asking the child.
Ammara bin Rabia Al-Makhzumi narrated, “My father went to battle in Bahrain and was killed. My uncle came to take me away, so my mother complained to Ali bin Abi Talib while I was with my younger brother. Ali gave me the choice three times, and I chose my mother. My uncle was not satisfied, so Ali poked him with his hand and struck him with his staff, demonstrating the judge’s authority and the existence of executive power to support him, as we see today with the presence of police next to the judge in the courtroom. Then Ali said, “Had this boy reached the age of puberty, he would have been given the right to choose as well.”
We also see in most of Ali’s cases, may God be pleased with him, that he aimed for the legitimate benefit and the overall objectives and revolved around them. He continued to enjoy his judicial powers even during his caliphate and his stay in Kufa at that time.
Ibn Qudamah mentioned in Al-Mughni that when a man whose hand and foot were cut off for theft was brought to Ali bin Abi Talib. He asked the people, “What do you see in this matter?” They replied: “Cut it off (meaning his left hand).” He said: “Then I would have killed him. How would he eat? How would he perform ablution for prayer? How would he wash from impurity? How would he take care of his needs?” So, he sent him back to jail for a few days, then brought him out and consulted his people again, who repeated their initial advice. He responded as he did the first time, then decided to flog him and release him.
The following impact is evident: he, may God be pleased with him, with his diligence and knowledge of the foundations of jurisprudence and its sources based on the Holy Quran, the Prophetic Sunnah, jurisprudential efforts, and consideration of legitimate interests, was keen on consultation in unprecedented cases and complex issues. By doing so, he established, as the Companions before he did, the basis for the judicial and jurisprudential councils we know today. In the current era, high courts consist of a panel of judges, where the ruling is by majority opinion.
Ali was mindful of the Hisbah, meaning administrative supervision, or the police as we know it today, aiming to procure and enhance interests and to hinder and minimize harm, like the story mentioned by Abu Ubaid al-Qasim ibn Salam in his book Al-Amwal. When Ali, may God be pleased with him, found out about the village of Zarara, where wine was being produced, he ordered it burned, saying, “Ignite it, for the corrupt shall consume itself,” and so it burned. Thus, he destroyed the wine and its production tools and eradicated them so they would not be used again.
Ali laid the initial foundations for the emergence of the judicial institution in Islam. This institution followed his approach, as well as that of the caliphs, governors, and judges who succeeded him. It began with the establishment of scholars who specialized in Sharia, enabling them to teach and issue fatwas.
Among these were Kumail ibn Ziyad Al-Nakha’i, whom he appointed governor over some regions in Iraq, and the companion Rafe’ ibn Aws Al-Khazraji Al-Ansari. Similarly, Aban ibn Uthman ibn Affan, a significant Hadith narrator among the companion’s followers and one of the governors of Medina during the era of Caliph Abd al-Malik ibn Marwan, was also influenced by his teachings.
We see this in his letter, which can be found in the Altadhkirat Alhamdunia for Abu Almaeali. The letter was sent to Al-Ash’tar Al-Nakha’i, the governor of Egypt at that time, saying: “Choose for judging among people the best of your subjects, those who are not overwhelmed by circumstances, nor ruled by opponents, nor persist in error, nor are restricted when the truth is known, nor lean towards greed, nor are satisfied with the least understanding without seeking the utmost. They should be the most cautious in doubts, the most adherent to proofs, the least annoyed by reviewing opponents, the most patient in uncovering matters, and the firmest in clarifying judgments from those not dazzled by flattery or swayed by temptation. Such individuals are rare. Then, increase those who regularly attend to their judgments and provide generously to remove their needs, reducing their dependence on people. Give them a position with you that others do not covet so they may be secure from assassination at your hands.”
In this text, we see the methodology of Ali, may God be pleased with him, regarding the qualifications necessary for a judge, such as being patient, enduring in understanding cases, reverting to the truth and not persisting in falsehood once the truth is clear to him. He must not be known for greed for wealth and should not rule except by conclusive evidence and proof. He must treat disputing parties equally, not favouring one over the other due to flattery, praise, or bribery. To avoid bribery, the head of state or governor must ensure he is adequately compensated.
Ali, may Allah be pleased with him, believed that a judge does not have the right to overturn a ruling issued by another judge if it does not contradict the Quran and the Sunnah. This is similar to a situation where a ruling issued in a lower court is deemed correct by an appellate judge, who then upholds it without any objections.
In a narration by Ubaidah bin Amr al-Salmani, it is said that the people of Najran wanted to overturn a ruling made by Caliph Umar, may Allah be pleased with him. They approached Ali during his caliphate, but he refused, saying, “Indeed, Umar was prudent in his decisions, and I will not overturn a judgment made by Umar as long as this judgment is valid and does not contradict the Book nor the Sunnah.” In another narration by Bukhari, Ali said, “Judge as you used to judge, for I dislike discord, until there is unity among the people, or I die as my companions did.”
He was also careful to ensure that the judge was in a fixed, known location accessible to all disputants in the city. By doing this, he laid the foundations for establishing courts in the early Islamic era so no complainant would find it difficult to reach him. Therefore, he ordered Judge Shurayh to sit in the Great Mosque of Kufa for this purpose. He also commanded him and other judges not to take any money from the disputants, thus establishing the rule of free access to judgments. This is part of the mercy of the judiciary in early Islamic history towards the general public and their poor.
In return, Ali had to give the judges a known monthly salary from the state funds. When Shuraih was appointed as the judge of Kufa, he was given 500 silver dirhams (about 1450 grams of silver) each month. He was careful in his judicial practice, before and after his caliphate, to ensure the principle of equality among the parties. When a guest stayed with him for a few days and discovered that he had come to have a dispute adjudicated, he told him: “Leave us, for we are instructed not to host a disputant without his opponent.”
He was keen to lay the first foundations of the legal profession. He appointed his brother Aqil as his lawyer in disputes. When Aqil grew older, he appointed Abdullah ibn Ja’far ibn Abi Talib as his legal representative before the judiciary. He used to say, “What is decided for my representative is for me, and what is decided against my representative is against me.”
Additionally, Ali was cautious with witnesses and worked to distinguish between a witness of justice and a falsehood. If he were sure that someone was bearing false witness, he would publicly shame them among the people so that their testimony would not be accepted again, thereby protecting the community from their deceit. Al-Qalaji narrated that Ali ibn Abi Talib would take the false witness to his tribe and say, “This is a witness of falsehood, so recognize them and make the people aware of them.” Hence, he would release them, thus making the punishment of public shaming an alternative to imprisonment.
These highlight elements underpinning Ali ibn Abi Talib’s jurisprudence, discernment, and judicial decisions. Additionally, his significant efforts in establishing the preliminary regulations for the judiciary and the legal profession mark a pivotal moment in the evolution of legislative and judicial processes in early Islamic history. Ali ibn Abi Talib is an exemplary figure whose influence and contributions have been meticulously followed and appreciated throughout subsequent years and centuries.
