The communiqué further said that what is hidden and secret belongs on the outcome of the judicial proceedings. The legal verdict shall depend only on express statements, evidence adduced and facts of the case. In another communication to Abu Moosa Ashari, the Caliph laid down that “no person shall hold law court or hear legal dispute except the authority established by law”. The reason being that such authorities are supported by state power, and state power, when applied correctly, is an effective deterrent against wrongdoers and false witnesses.
This position was further reiterated by Caliph Umar in his communiqué to Abdullah bin Masood whom he had appointed as in-charge of education in Kufa. Ibn Masood was regarded as an authority in Quranic sciences and one prophetic narration had named him as one of the four teachers of Quran. Keeping in mind the erudition and scholarship of Ibn Masood, people started flocking to him to seek his verdict (fatwa) in matters of disputed and he willingly obliged them. On bearing this news, the Caliph wrote a letter and asked if he has started settling legal disputes despite the fact that he has not been vested withsuch authority.
Ibn Masood replied in the affirmative. The Caliph sent him a rejoinder directing “leave this work for one who is competent to take care of the benefits and harms associated with the administration of justice.”
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10:14 PM
Moderate Islamist here
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