Judicial ruling and religious truth (qada and diyana)

القضاء والديانة

Al-Sha'rawi separates judicial ruling, which rests on evidence before a judge, from religious truth, which concerns a person before God. A judge may rule on the apparent evidence while the religious position stays the same: if a debtor has paid, heirs may not claim the debt again. He adds that God's forbearance toward a wrongdoer does not mean the act is lawful 123.

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Family, marriage and kinship

Summary

Al-Sha'rawi separates judicial ruling, which rests on evidence before a judge, from religious truth, which concerns a person before God. 2

Judging by what appears

He holds that a judge rules on the evidence before him and cites the report of Umm Salama; the book's footnote names its transmitters, and its wording is not reproduced here. 2

When the debtor has paid

He says that if the debtor has paid, heirs may not claim the debt again once they know their relative had settled it, because a judicial ruling may differ from the religious position. 3

Forbearance is not permission

He says God's forbearance toward someone who does wrong in this world does not show that the act was lawful; it is respite, and punishment remains in the next life. 3

Not checked here

No academic or non-Sunni reading is set out in these pages; one is needed from a named source (needs_source).

Opinions on the question

The question: Does a judge's ruling change what is lawful or unlawful before God?

First opinion · Sunni tradition (the museum's frame)Main reference

A judge rules on apparent evidence, and a ruling does not make the unlawful lawful before God

Sha'rawi relies on the report of Umm Salama about judging by evidence, and holds that the judge rules on what is apparent while religion concerns the person before God {cite:tafsir-sharawi-khawatir-scan-vol-2 p. 2035}{cite:tafsir-sharawi-khawatir-scan-vol-2 p. 2036}. (The report is named in the book's footnote; its wording is not reproduced here.)

Held by: Muhammad Mutawalli al-Sha'rawi

More opinions (1)

Academic viewSecondary opinion

An academic reading of the distinction between judgment and conscience has not yet been added

No academic or non-Sunni reading is set out in these pages; it needs a named source (needs_source).

People and things also explored

Taj Mahal· Abawan (the two parents)· Justice among co-wives· Obstructing a marriage (adl): the guardian and the husband· Fleshy growth in the wife's womb and the right to annul (afal)· Ahl al-Nasab (the kin by descent, and who counts as kin in bequests and endowments)· Akdariyya (a named inheritance case)· Brother (full, paternal and maternal) in law

Sources

  1. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p. 2034
  2. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p. 2035
  3. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p. 2036
Cite this page

islam.museum contributors. “Judicial ruling and religious truth (qada and diyana)”. islam.museum, https://islam.museum/en/concept/qada-wa-al-diyana/. CC BY-SA 4.0. Last updated 2026-10-23.

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