Judgments of Ali

Ali as a Judge

Ali was the most learned man of the age in Islamic law. He acted as a Judge during the time of the Holy Prophet, and the Caliphs Abu Bakr and Umar. Some of the judgements delivered by Ali are on record, and show his highly developed sense of discerning the truth, and doing justice.

The story of loaves

Once two companions went on a journey. One of them had five loaves with him, and the other one had three loaves. On the way they were joined by a stranger who shared the loaves with them. On departure the stranger gave them an amount of eight dirhams. A dispute arose between the two companions about the division of the amount. The man who had five loaves wanted to keep five dirhams for himself and give three dirhams to his companion. His companion did not accept this decision and insisted that the amount should be divided equally between them, and that each one of them should get four dirhams. The men wanted Ali to decide their dispute. While entertaining the suit, Ali asked the man who had three loaves that he should accept what his friend offered him namely three dirhams. He did not accept the offer, and wanted that the matter should be adjudicated so that due justice was done. Ali asked whether at the time of the sharing of loaves all the three persons concerned had equal share. He was told that it was so. Ali thereupon gave the judgment that the man with three loaves was entitled to one dirham while the other man who had five loaves was entitled to seven dirhams. This bewildered the man with three loaves who would not accept even three dirhams. He wanted Ali to enlighten him as to the basis of his judgment. Ali explained the position thus: "You had three loaves and your companion had five loaves. There were thus 8 loaves in all. As all the loaves were shared equally between three persons, divide each loaf into three pieces. That would make 24 pieces. Your companion owned five loaves or fifteen pieces while you owned three loaves or nine pieces. As these 24 pieces were shared equally, this means that each one of you ate eight pieces. You had nine pieces, and out of these you ate eight pieces yourself. Thus the stranger ate only one piece from your loaves. Your companion had fifteen pieces. Out of these he ate eight pieces himself leaving seven pieces which were eaten by the stranger. Thus the stranger ate one piece from you and seven pieces from your companion. It is therefore plain arithmetic that for one piece you are entitled to one dirham and your companion is entitled to seven dirhams for seven pieces."

Dispute about a child

Once a dispute arose between two women about the possession of a child. Each woman claimed to be the mother of the child. No proof could be adduced from either side, but each woman insisted emphatically that the child belonged to her. In the absence of any satisfactory evidence, Ali was unable to decide to whom the child actually belonged. Exasperated addressing the women, Ali said that there is no satisfactory evidence had been produced and as both the women insisted on the motherhood of the child, he had no option but decide that the child be cut in two parts, and thus the child be divided among them. Hearing this decision, one of the women burst into tears and said, "My Lord, do not kill the child. You may very well award it to the other woman". Thereupon Ali declared that she was indeed the mother of the child, and delivered the child to her.

Dispute about the custody of money

Once two friends proceeded on a journey. Before departing on the journey they kept some money in custody with a woman. She was enjoined not to return the money unless both of them came together to claim it. After some time, one of them came to the woman and said that as his other partner had died, the amount kept in custody be returned to him. He produced some sureties, and the woman returned the amount to him. After some time the other man who was reported to be dead appeared and claimed the money from the lady. She said that his other friend had taken away the money on the grounds that he had died. The man insisted on payment on the grounds that she was committed not to return the amount unless both of them were present. The dispute dragged on, and the man brought the suit in the court of Ali. Addressing the plaintiff Ali asked, "Your stand is that the money was not to be returned unless both of you were present?" The plaintiff said, "Yes, my lord, that is so". Ali said, "Then go and bring your partner, so that the amount may be delivered to you." The man actually wanted to play a ruse, and at this wise decision of Ali, the attempt to fleece the poor woman was frustrated.

How Ali detected the murder

Once seven persons went on a journey. After some time six of them returned, and they could give no news about the seventh man. They gave conflicting accounts about him. Sometimes they said that he had died. Sometimes they said that he had quarreled with them and left their company. The wife of the man suspected that they had killed her husband. She accordingly lodged a complaint in the court of Ali. Ali summoned the six men. Each one of them was kept in a separate room where a security guard was posted. Thereafter one of them was called to the presence of Ali. The man was charged with murder, but he insisted that he was innocent and knew nothing about the man. Thereupon Ali ordered the court crier that he should give the "Azan". As the "Azan" sounded, the other persons segregated in the various rooms shuddered and thought that their companion had confessed the murder. Accordingly, when they were summoned and presented before Ali, they confessed their guilt. Ali accordingly ordered them to pay "Qasas" to the widow of the murdered person.

The Cow and the Ass

Once, a complaint was lodged in the court of Ali by a man that the cow of another person had killed his ass. Ali summoned the owner of the cow and asked him to offer his defense if any. He said that as a matter of fact the ass had attacked the cow first and the cow had killed the ass in retaliation. Ali asked the owner of the cow, "Where were you when the ass attacked the cow?" He said that he was driving the cow. Then he asked the owner of the ass, "Where was the ass at the time?" He said that it was tied. Addressing the owner of the cow Ali said that as the ass was tied, and the cow was untied. His plea that the ass had first attacked the cow was untenable. He accordingly decreed that the owner of the cow should compensate the owner of the ass.

Mad woman accused of adultery

Once a mad woman was brought to the court of Umar. The charge of adultery was established against her. Umar was inclined to sentence her to the penalty of being stoned to death but he deemed it necessary to consult Ali before delivering the judgment. Ali advised that the penal law of Islam was applicable only in such cases where the person concerned was in proper senses, and could be held responsible for his action. Where a person was not in proper senses, he could not be held accountable for his actions. The view of Ali was accepted and the mad woman was let off.

Child born in six months after marriage

In the time of Umar, a child was born to a woman six month after her marriage. When the case came to the notice of Umar he was of the view that it was a prima facie case of adultery and as such the woman should be sentenced to punishment for adultery. Umar referred the case to Ali. No evidence was forthcoming to the effect that the woman had any illicit liaison before marriage. Ali held that the mere fact that the child had been born six months after the marriage would not be a sufficient ground for convicting the woman. Ali pointed out that in the Holy Quran the period from conception to the weaning of the child is laid down at thirty months, and the period of the weaning of the child after birth is given as two years. This means that though under normal circumstances a child is born after nine months, a child may be born after six months under abnormal conditions. The woman was accordingly let off and absolved of the charge of adultery.

Share in the property of a deceased husband for a divorced wife

A companion had two wives. He divorced one of them. A little later he died. The divorced woman claimed a share in the property of her late husband. The suit was contested by the other wife on the grounds that the plaintiff could not claim a share as she had been divorced. It transpired that the husband had died within three months of giving the divorce, and since the divorce the divorced wife did not have more than two monthly courses. Ali accordingly awarded her a share in the property of her husband.

The man who stole his coat of mail

An interesting story is on record in a case in which Ali was himself the plaintiff. After the Battle of Siffin, Ali lost his valuable coat of mail. After some time, Ali saw his coat of mail in the possession of a Christian. When asked to return the coat of mail, the man insisted that the coat belonged to him. Ali filed a suit in the court of the Qadi of Kufa. The Qadi asked Ali to produce witnesses in support of his claim. Ali could produce his son and his slave as witnesses. The Qadi held that he could not accept such evidence as it was interested. Under the circumstances the Qadi rejected the suit of Ali. Instead of being aggrieved against the decision. Ali appreciated the integrity of the Qadi. After the judgment the Christian came to Ali and offered him the coat of mail saying that it in fact belonged to him. The man was so much impressed with the administration of justice under Islam that he hastened to accept Islam at the hands of Ali. Ali presented him the coat of mail as well as a horse. The man fought on the side of Ali against the Kharijites in the Battle of Nahrawan and was martyred.