The Judgment of King Solomon (A.S) viz-aviz The New World Legal System : A JUXTAPOSITION (Nigeria as a Case Study) by Yahaya Moshood Kolawole

ABSTRACT 

The believe in Messengers in Islam is one of the six articles of faith which a Muslim must ascribe faith to. Messengers are chosen by Allah among men, Angels and even Jinns and sent to deliver the message of Allah and guide the creatures of Allah in the realms of their affairs. However, we shall narrow the definition of Messengers to mean the ones chosen among men as portrayed in the verses of Qur’an. Among them are those who double as prophet (Nabiyy) and messenger (Rosul), e.g Prophet Muhammad (SAW), Musa (AS), Isa (AS), Daud (AS), etc. Among them are those who were merely referred to by the Qur’an as Prophets (Nabiyy) of which the names of 25 among them were mentioned in the Qur’an; e.g Ibrahim (AS), Yusuf (AS), Yaqub (AS), Harun (AS) and Sulaiman (AS) among others. While some scholars argue that there is but a tiny or no difference between Prophets and Messengers, that shall not be delved into for the purpose of this essay. What is worthy of knowledge as at this point of the discussion is that Prophet Sulaiman was counted among the Prophets. 

INTRODUCTION 

Prophet Sulaiman was the Son of Prophet Daud (Allah’s blessings upon them both), son of Ishaa, son of ‘Uwaid, son of ‘Abir. His descent is traced far back to Yahuuza, son of Ya’qub, son of Ishaq, son of Ibrahim (Allah’s blessings upon them). Prophet Sulaiman was a messenger of Allah and the third King of Israel commonly attributed with Intelligence, Brilliance, political sagacity, and justness in giving judgements since his childhood. We shall find some of his stories and descriptions in Surah Al- An’am, Surah Al-baqarah, Surah Al-Naml, Surah Sod, Surah As- Saba,Surah Al- Ambiyaa. 

Prophet Sulaiman is one of the Role Models in Islam. He was described in the Qur’an as a King whose like never was nor will ever be. He was ordained by God a gift that has not been given to anyone. This is evident in Surah An- Naml (Qur’an 27, Verse 16), where Allah says; 

وَوَرِثَ سُلَيْمَانُ دَاوُودَ وَقَالَ يَا أَيُّهَا النَّاسُ عُلِّمْنَا مَنطِقَ الطَّيْرِ وَأُوتِينَا مِن كُلِّ شَيْءٍ إِنَّ هَٰذَا لَهُوَ الْفَضْلُ الْمُبِينُ 

And Sulaiman was Dawood's heir, and he said: O men! we have been taught the language of birds, and we have been given all things; most surely this is manifest grace. 

The above verse points to the fact that Sulaiman was a King who was gifted all what he needed for his rulership, ranging from troops of army, knowledge, understanding, wealth, communication with varieties of animals, fitness, audacity, workers, tools to the most recognized one, sense of Justice. And this shall lead us to the stories of Sulaiman where he exhibited the attribute of justness he possessed. 

THE STORIES OF SULAIMAN (A.S) 

Through the narration of these stories, we shall examine the astounding attributes of Sulaiman which we shall use to examine the World Justice System. At the end of this discussion, we shall bring these stories to the limelight of our discussion after which we shall imprint the legacies found therein to our judicial system and juxtapose. 

Judgment on the field (Surah Al- Ambiyaa; verse 78) 

In the earliest narrative involving Sulaiman, the Qur'an says that Sulaiman was in the company of his father, when two men came to ask Daud to judge between them regarding a ḥarth(field). The first of the two men said that he owned a vineyard of which he took great care the whole year through. But one day, when he was absent, the other man's sheep had strayed into the vineyard and devoured the grapes. He asked to be compensated for this damage. Upon hearing the man's complaint, Sulaiman suggested that the owner of the sheep take the other man's vineyard to repair and cultivate until the vines returned to their former state, whereupon he should return it to its owner. At the same time, the owner of the vineyard would care for the sheep and benefit from their wool and milk until his land was returned to him, at which point he would return the sheep to their owner. Sulaiman's level of judgment, which the Qur'an says in this particular incident surpassed that of Daud, would characterize Sulaiman throughout his life. Ḥikmah (Wisdom), according to Muslim tradition, would always be associated with Solomon. 

Solomon And the Two Harlots Who Claimed to A Baby (Hebrew Bible-1 Kings 3:16-33) 

Another story we hear of Solomon concerning his wisdom and level of justness in judgements is a story from the Hebrew Bible in which King Solomon of Israel ruled between two women both claiming to be the mother of a child. Solomon revealed their true feelings and relationship to the child by suggesting to cut the baby in two, with each woman to receive half. With this strategy, he was able to discern the non-mother as the woman who entirely approved of this proposal, while the actual mother begged that the sword might be sheathed and the child committed to the care of her rival. Some consider this approach to justice an archetypal example of an impartial judge displaying wisdom in making a ruling. 

We should also note that the two women were referred to as harlots (prostitutes) in the Bible, yet Solomon did not allow such setback to becloud his judgement. 

Sulaiman, the Hoopoe and the Queen of Shebba (Surah An-Naml; verses 20-44) 

The story of Solomon and the Hoopoe (Hud-Hud) as narrated in Surah An- naml might be considered not to relate to his sense of Justice but wisdom. However, as we shall soon see, all these attributes narrated in the story of Solomon, the Hoopoe and the Queen of Shebba go a long way in describing the components inherent in a just personality which as well must be present in any state’s Judicial system. 

It is observed in the verses that Solomon had always examined his army himself and due to his knowledge, he had quickly observed that the Hoopoe (a bird) was missing. Not long after he promised to punish the bird in the absence of any excuse, the bird arrives and gave him news that it found a kingdom (of Shebah) ruled by a woman with a magnificent throne and that they worshipped the sun. Solomon thereby sent the Hoopoe to them with a letter inviting her and her people to submit to Allah. The queen of Shebbah, being a prominent woman, tried to intimidate Solomon with money and so he said, “Are you supplying me with money? What Allah has given me is better than what He has given you. It is you who delight in your gift.” Finally, when she came to Solomon and found out about his wealth and might, she submitted to Allah, the Lord of the worlds. 

TRAITS OF JUSTICE FOUND IN THE STORIES OF SOLOMON AND ITS JUXTAPOSITION WITH THE MODERN WORLD JUSTICE SYSTEM 

· The judgement of Sulaiman on the field was a pointer to the fact that he was really a sage when it comes to wisdom and judgement. His father (Daud) had referred the Judgement to Sulaiman’s court because of his trust in his wisdom. Sulaiman had in fact not disappointed. There is no doubt that his judgement was closest to being true and right in approach. His Judgement was certified by Allah as revealed in Surah Al-Anbiya, Verse 78: 

وَدَاوُودَ وَسُلَيْمَانَ إِذْ يَحْكُمَانِ فِي الْحَرْثِ إِذْ نَفَشَتْ فِيهِ غَنَمُ الْقَوْمِ وَكُنَّا لِحُكْمِهِمْ شَاهِدِينَ 

And Dawood and Sulaiman when they gave judgment concerning the field when the people's sheep pastured therein by night, and We were bearers of witness to their judgment.

This points to the fact that the Judge of a matter must possess wisdom to give the right decision in a matter. Men must seek wisdom in order to give verdicts on issues. Sulaiman was thus described as a wise king in the Qur’an Surah An-Naml, Verse 15:

وَلَقَدْ آتَيْنَا دَاوُودَ وَسُلَيْمَانَ عِلْمًا وَقَالَا الْحَمْدُ لِلَّهِ الَّذِي فَضَّلَنَا عَلَىٰ كَثِيرٍ مِّنْ عِبَادِهِ الْمُؤْمِنِينَ

And certainly, We gave knowledge to Dawood and Sulaiman, and they both said: Praise be to Allah, Who has made us to excel many of His believing servants.

Similarly, Surah Al-Anbiya, Verse 79: provides;

فَفَهَّمْنَاهَا سُلَيْمَانَ وَكُلًّا آتَيْنَا حُكْمًا وَعِلْمًا وَسَخَّرْنَا مَعَ دَاوُودَ الْجِبَالَ يُسَبِّحْنَ وَالطَّيْرَ وَكُنَّا فَاعِلِينَ

So We made Sulaiman to understand it; and to each one We gave wisdom and knowledge; and We made the mountains, and the birds to celebrate Our praise with Dawood; and We were the doers.

Wisdom can also be discerned to be a necessity in the world Judicial system as evident in the written laws of various countries. For instance, the Nigerian Constitution of 1999 (CFRN 1999) provides under Section 230(3) to the effect that a person cannot be a justice of the Supreme court unless he is qualified to practice of as a legal practitioner and has been so qualified for a period of 15 years. To be a justice of court of Appeal according to Section 238(3) CFRN 1999, one must have been qualified to be a legal practitioner for at least 12 years. To be a judge of any High Court, one must have been qualified to be a legal practitioner for 10 years according to Sections 250(3), 256(3), 271(3) CFRN 1999. The purpose of the wide length of years is to enable them garner experience and wisdom to give wise and brilliant judgements as Solomon’s. That is why we have exemplary personalities like Lord Denning (MR), Niki Tobi (of blessed memory), etc in the Judiciary.

· The Story in the Hebrew Bible of the Judgement between two Harlots who lay claim to a baby is also a pointer to Solomon’s wisdom. Furthermore, it is apposite on the mechanism of ascertaining the truth in a matter. For instance, the threat of cutting the baby into two can be compared to the admissibility of illegally procured evidence under our judicial system. Taking the Evidence Act of Nigeria into examination, it is provided for that evidence obtained improperly or in contravention of the law shall be admissible. This is found under Section 14(a)(b) of the Evidence Act 2011. This position is also buttressed by the locus classicus case of Musa Sadau Anor. Yaro v The State (1958) LCN/1607(SC). 

In addendum, it is observed that Solomon did not allow his notion about the complainants to cloud his judgement. The parties that brought the case before him are described as harlots, prostitutes! Yet Solomon had adjudicated between them as if he had no previous perception of their personality. This same position is applicable under the world legal system. A person can be tried and punished for raping a prostitute, even if he has paid for the service of the sex worker and she had refused him. At that point, it is immaterial that she is a sex worker, her right has been trampled upon, a crime has been committed. Verily, the judge shall adjudicate on that and not even consider her promiscuity. 

· In the story of Sulaiman and the hoopoe, it was observed that Balqis (Queen of Shebba) tried to intimidate him with her wealth. However, his wealth subdued hers and so he said in Surah An-Naml, Verse 36: 

فَلَمَّا جَاءَ سُلَيْمَانَ قَالَ أَتُمِدُّونَنِ بِمَالٍ فَمَا آتَانِيَ اللَّهُ خَيْرٌ مِّمَّا آتَاكُم بَلْ أَنتُم بِهَدِيَّتِكُمْ تَفْرَحُونَ 

So when he came to Sulaiman, he (Sulaiman) said: What! will you help me with wealth? But what Allah has given me is better than what He has given you. Nay, you are exultant because of your present. 

Another point derived from this story is that a judge must be financially buoyant, otherwise the wants of his pocket will derail him from attaining justice. 

Juxtaposing same with the modern judicial system of the world, Remuneration of judges take paramount concern and their salaries and other allowances are usually paid from the Consolidated Revenue fund of the Federal Government. They are usually paid in fat amounts so as to sway away corruption that may come by way of bribes during the administration of justice. This way, judgements will be given on merit and not by credit. The Provision of Section 5(1)(2)(3) of Federal High Act 1973 is explanatory on this. 

CONCLUSION 

Concluding this carefully-written essay, it is pertinent to appraise one of the traditions of Prophet Muhammad (S.A.W) which is apposite to this discourse. It was Narrated that the Prophet heard a dispute between two disputants at his door, he came out to the disputants and said to them; Verily, I am human, perhaps some of you would bring a dispute to me while one of you is eloquent than the other, and I suggest he is being truthful and I give a judgement in his favor because of that. Whoever I give the right of his fellow Muslim to, that will be for him a piece from hell, he should hold on to it or he should leave it. 

This is to say that although the line between Justice and Injustice is a very thin one, we should try to uphold justice whenever we are put in such positions.