is confined to that category and has no authority beyond it. Thus, if someone is appointed to deal with marriage cases and then rules on inheritance matters, his ruling is not enforceable, even if he rules in accordance with the Sacred Law. This shows that Islam regulates such matters precisely; for if affairs were left unchecked, with everyone speaking and judging as he pleased, matters would fall into disorder.
The only exception is arbitration: that is, if two men agree to appoint a certain person as arbitrator in a matter between them, even if it is not among the matters over which he has been appointed, there is no objection to this. They may even agree to appoint as arbitrator someone who is not a judge, as will come later. But a judiciary whose authority rests upon appointment by the ruler may enforce its judgments only within the limits laid down for it.
Ten conditions are required of a judge: he must be mature, sane, male, free, Muslim, upright, able to hear, able to see, able to speak, and qualified for independent legal reasoning, even if only within his own school of law, ...........
His statement: “Ten conditions are required of a judge.” Before discussing these conditions, we must know that every position of authority and every task requires two foundations: competence and trustworthiness—competence for that task, and trustworthiness in carrying it out. A task that requires knowledge must be entrusted to someone knowledgeable, while one that depends on physical strength must be entrusted to someone physically strong. He must also be trustworthy, for one who is not trustworthy cannot carry out the task in a satisfactory manner.
These two foundations are indicated by the statement of the powerful jinn to Solomon, peace be upon him, when he said:
“Which of you will bring me her throne before they come to me in submission?”
“A powerful one from among the jinn said, ‘I will bring it to you before you rise from your place, and indeed I am strong and trustworthy for this.’” [al-Naml]
Likewise, Allah says concerning the daughter of the man of Midian:
“O my father, hire him. Indeed, the best one you can hire is the strong and trustworthy.” [al-Qasas: 26]
Thus, every task and every position of authority must possess these two foundations: competence and trustworthiness. Among the important tasks that are among the most eminent of