In The Name of Allaah, The Most Merciful, The Bestower of Mercy. 

We Do Not Judge Anyone, But Rather God (or Allaah) is The Only One Who Can Judge!

This statement has become very common on the tongues of many people when mistakes are pointed out and rebutted based on the infallible principles of the Sharee’ah, so you hear them say, “We do not judge anyone; but rather God (or Allaah) is the only one who can judge”. Indeed, this is either an oversight or a misconception because the utterers of this statement cannot claim that they will never seek justice through the judgement of an arbitrator when their rights are violated!!!

Secondly, this statement of theirs is in opposition to the understanding of those who believed in the Prophet and accompanied him on a daily basis. Umar Ibn Al-Khattaab [may Allaah be pleased with him] said: People were (sometimes) judged by the revealing of a Divine Inspiration during the lifetime of Allah’s Apostle but now there is no longer any more (new revelation). Now we judge you by the deeds you practice publicly, so we will trust and favour the one who does good deeds in front of us, and we will not call him to account about what he is really doing in secret, for Allah will judge him for that; but we will not trust or believe the one who presents to us with an evil deed even if he claims that his intentions were good. (1) 

Imaam Abdul-Azeez Bin Baaz [may Allaah have mercy upon him] said: Whoever manifests good, it will be accepted from him and a good suspicion is held about him. And if he manifests evil, it will held against him and an evil suspicion is held about him. (2) 

Thirdly, this statement of theirs necessitates that they will never stand to give truthful witness because they don’t want anyone to be judged by another human being!! Allaah [The Exalted] said:

يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُواْ كُونُواْ قَوَّٲمِينَ بِٱلۡقِسۡطِ شُہَدَآءَ لِلَّهِ وَلَوۡ عَلَىٰٓ أَنفُسِكُمۡ أَوِ ٱلۡوَٲلِدَيۡنِ وَٱلۡأَقۡرَبِينَ‌ۚ إِن يَكُنۡ غَنِيًّا أَوۡ فَقِيرً۬ا فَٱللَّهُ أَوۡلَىٰ بِہِمَا‌ۖ فَلَا تَتَّبِعُواْ ٱلۡهَوَىٰٓ أَن تَعۡدِلُواْ‌ۚ وَإِن تَلۡوُ ۥۤاْ أَوۡ تُعۡرِضُواْ فَإِنَّ ٱللَّهَ كَانَ بِمَا تَعۡمَلُونَ خَبِيرً۬ا

O you who believe! Stand out firmly for justice, as witnesses to Allah; even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a Better Protector to both (than you). So follow not the lusts (of your hearts), lest you may avoid justice, and if you distort your witness or refuse to give it, verily, Allah is Ever Well-Acquainted with what you do. [Surah An-Nisaa. Ayah 135]

The Prophet [peace and blessings of Allaah be upon him] said, “The best of the people are those living in my generation, then those who will follow the latter and then those who come after them. Then there will come after them people who will be treacherous and will not be trustworthy, they will bear witness without being asked to do so, and they will vow, but will never fulfil their vows, and fatness will appear among them”. 

Al-Allaamah Rabee Bin Haadi [may Allaah preserve him] said, “They give false testimony, act treacherously and deceitfully. They behave in a very sinful manner and follow evil desires” (3)

Imaam An-Nawawi [may Allaah have mercy upon him] stated regarding the statement, ‘’They will bear witness without being asked to do so’’- This can mean that they bear witness before being asked, or they bear witness based on falsehood, or they give witness without being from those who are worthy of it. (4)

However, there is another Hadeeth in which the Prophet stated: ‘’Should I not inform you about the best of witnesses, they are those who bear witness before being asked.’’ The scholars say that what is intended by this hadeeth is for example: someone has a witness to give on behalf of another person based on truth, but the person does not know about it, so he [i.e. the one who should give the witness] informs the person about it; or for example, a person has already passed away and another person knows what the deceased person has left behind as inheritance, so he bears witness to that and makes it known. (5)

And regarding the statement, ‘’And fatness will appear among them.’’ – Meaning: These people give importance to the means of fattening themselves – food, drink and over-abundance. So, their only concern is their bodies and fattening themselves. As for being fat without choice, then one cannot be blamed for that, just as a person cannot be blamed for being tall, short, black or white…(6)

Finally, if judgement is not based on the final revelation, then one can only expect more injustice as Shaikhul Islaam Ibn Taymiyyah [may Allaah have mercy upon him] said: “And even though there is something in the paths of analogical reasoning and reflection that will lead to knowledge, however sometimes it cannot give detail explanation in a dispute between the people of the earth due to the minute details and ambiguities [in that dispute], and at other times due to the fact the people differ when prioritising necessities. Therefore, due to this Allaah [The Most High] commanded [us] to return to the revelation in times of dispute. Allaah [The Most High] said: [ كَانَ ٱلنَّاسُ أُمَّةً۬ وَٲحِدَةً۬ فَبَعَثَ ٱللَّهُ ٱلنَّبِيِّـۧنَ مُبَشِّرِينَ وَمُنذِرِينَ وَأَنزَلَ مَعَهُمُ ٱلۡكِتَـٰبَ بِٱلۡحَقِّ لِيَحۡكُمَ بَيۡنَ ٱلنَّاسِ فِيمَا ٱخۡتَلَفُواْ فِيهِ‌ۚ -Mankind were one community (i.e. upon Tawheed and Allaah’s Sharee’ah) and Allah sent Prophets with glad tidings and warnings, and with them He sent the Scripture in truth to judge between people in matters wherein they differed]. [Surah Al-Baqarah’ Aayah 213] Therefore, Allaah [The Most High] designated the revealed Books [i.e. the Qur’aan being the final of them] as the judge between the people in matters wherein they differ”. (7)

If you say that the intellect is to be given precedence over the revelation, then which intellect should we follow? Are the intellects of the people combined in the intellect of one man or do they differ? There are intellects of the philosophers, the atheists, the heretics, the people of evil desires and those who confound truth with falsehood; and due to this one of the pious predecessors said, “Had the desires been one, it would have been considered to be the [basis of] truth”; therefore, we say, “Had the intellects been one, it would have been considered to be the [basis of] truth”. (8)

[Ref 1: Saheeh Bukhaari; Vol 3; Hadith Number:2641] 

[Ref 2: An Excerpt from Al-Hulalul Ibreeziyyah Min At-Taleeqaat Al-Baaziyyah Alaa Saheeh Al-Bukhaariy page:397 Vol 2 footnote 1] 

[Ref 3: Marhaban Yaa Taalibal Ilm pages 268-270] 

[Ref 4: Sharh Saheeh Muslim 12/17] 

[Ref 5: Fat-hul Baari 5/260] 

[Ref 6: Majmoo Al-Fataawaa 10/1056 -By Shaikh Uthaymeen (rahimahullaah)] 

[Ref 7. Dar Ta’aarud Al-Aql Wan-Naql: 9/17-18];

[Ref 8. Muqaddimah Fee Diraasah At-Tawheed’ by Shaikh Abdur-Razzaaq Al-Badr (may Allaah preserve him) Lesson: 3]