A Qadi Taking Money from Whichever Party Wins the Case and Giving It to the Mosque

Question

Here a qadi (judge) is collecting donations and having a congregational (jami‘) mosque built. If any case comes before him in his court — whether a Shar‘i case or a non-Shar‘i one — the qadi takes up the case on the condition that whichever of the two parties wins the case will have to give such-and-such an amount of money for the construction of the mosque. Then, further, he gets the case decided by means of bribery and the like, and collects the money from the party.

Answer

The qadi’s imposing this condition is wrong and impermissible; and then taking a bribe and deciding a case in someone’s favour is a cause of grievous calamity. This is the path to Hell. Such money must by no means be spent on the construction of the mosque.

Source: Fatawa Mahmudiyya

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