concerning the appointment: “From So-and-so to So-and-so: Peace be upon you, and Allah’s mercy. To proceed: I have appointed you to such-and-such.” A telegram takes the place of writing, and a telephone call takes the place of a verbal declaration, since he is speaking to him directly.

From the author’s statement, “he writes to him when he is far away,” we learn that the imam does not need to have witnesses present for the appointment of a judge. However, it must be known that this has been issued by the imam. This may be established by a seal, a recognized signature, or the like.

Thus, judicial appointment is established by verbal declaration and by writing. No particular wording is prescribed for a verbal declaration; rather, any expression that indicates appointment establishes the authority. As for writing, he writes to him in terms that indicate the appointment.

Here, the author—may Allah have mercy on him—did not mention that attestation is a condition for it. This matter will come, Allah willing, in the chapter on one judge’s letter to another: is attestation required or not? The correct view is that it is not required. The Prophet, peace and blessings be upon him, would send letters to kings and rulers without having two witnesses attest them.

The author then moved on to explain what a general judicial appointment entails, saying:

“A general judicial appointment entails adjudicating between litigants; securing for some of them their rights against others; administering the property of those who are not legally competent; placing under legal interdiction those who deserve it due to prodigality or insolvency; supervising the endowments within his jurisdiction, so that they are administered according to their stipulations; carrying out bequests; marrying off a woman who has no guardian; enforcing the prescribed punishments; leading the Friday and Eid prayers; and attending to the public interests of his jurisdiction by preventing harm in the roads, their surrounding open spaces, and similar matters. … 0”

His statement, “A general judicial appointment,” excludes a specific appointment, for a specific appointment is restricted to that for which it has been specified. A general appointment, however, entails, first:

His statement, “adjudicating between litigants.” “Litigants” is the plural of “litigant,” meaning those engaged in a dispute, whether they are two or more.

Adjudicating between them means distinguishing between them by determining that a right belongs to So-and-so against So-and-so.