The present-day system resembles this in practice. For example, there are branches of the Ministry of Justice in every region to which matters are referred; there are courts, each with its own chief; and there is a higher court as well as a lower summary court.

“And he must select the best person he can find in knowledge and scrupulousness, instruct him to fear Allah and to seek justice diligently and strive to establish it. He says: ‘I appoint you to the office of judge,’ or, ‘I invest you with this authority,’ and the like. If he is far away, he corresponds with him, …”

His statement, “and he must select,” is in the accusative case; that is, he is required to select.

His statement, “the best person he can find in knowledge,” means knowledge of the rulings of the Shariah. Indeed, we should say: knowledge of the rulings of the Shariah and of people’s circumstances. We may also add intelligence and discernment, for intelligence and discernment are important in judicial matters. Among people are those who are in the right and those who make false claims; among them are those unable to express themselves, and those who are eloquent and articulate. Thus, a person’s right may be lost if the judge has no knowledge of people’s circumstances, discernment, and intelligence.

The story of Solomon and David, peace be upon them, concerning the two women who went out into the open country, each with a son, clearly illustrates this. A wolf devoured the older woman’s son, so the two women came to David, peace be upon him, seeking his judgment. He ruled that the child belonged to the older woman—perhaps he thought her more likely to be truthful, or perhaps he said: “This one is young and may bear children later, whereas this one is older and may cease bearing children; she is more deserving of compassion.”

They then left him and encountered Solomon, peace be upon him. He asked them, and they told him what had happened. He said: “No. The judgment is that I bring a knife and split him into two, so that the older woman may take one half and the younger woman the other half.” The older woman said: “That is no problem.” But the younger woman said: “O Messenger of Allah, do not split him; he is hers.” Thus, discernment indicated that he belonged to the younger woman, and the evidence was her tenderness and compassion. So he ruled that the child belonged