tasks in Islam is the judiciary. Therefore, a judge must be competent and trustworthy. Let us consider the qualities mentioned by the author: to which of these two do they apply? Are they sufficient for the purpose, or do they exceed what is required? For the general principle is what one returns to in particular cases.

The first is his statement: “That he be mature.”

The second is his statement: “Sane.”

Perfection lies in maturity and soundness of mind, while deficiency lies in immaturity and insanity. A minor who has not reached maturity cannot be a judge, no matter how extensive his knowledge or intelligence may be. He can never be a judge, because he lacks full competence and is unable to judge between people.

His statement, “Sane”: its opposite is insanity. An insane person is not fit to be a judge, because he has no sound mind. Which of the two qualities does this relate to?

It relates to competence. Thus, he must be mature and sane, for if either is absent, the competence that constitutes one of the two pillars of qualification is absent. Indeed, both require a guardian for themselves; hence, they cannot be guardians over others.

The third is his statement: “Male.” The opposite of male is female and hermaphrodite. Thus, the judge must be male. The evidence for stipulating maleness is that the Prophet, peace and blessings be upon him, said: “A people who entrust their affairs to a woman will never prosper.” (1) The word “people” is indefinite and encompasses every people. Thus, any people who entrust their affairs to a woman will never prosper. This hadith has a particular occasion: when Chosroes died, the Persians appointed