Shaykh al-Islām Ibn Taymiyyah said, “In establishing the facts he is a witness, in issuing commands and prohibitions he is a mufti, and in enforcing those rulings he wields authority …” End quote.
In Islamic law the judiciary is a communal obligation, for people’s affairs cannot be set aright without it.
Imam Ahmad declared, “The people must have a judge, lest rights be lost.”
Shaykh al-Islām Ibn Taymiyyah further stated, “The Prophet—may Allah bless him and grant him peace—made it mandatory to appoint one leader even for a small, incidental group on a journey; this is a pointer to every other form of gathering …” End quote.
Anyone who is fit to serve as a judge must accept the post if no one else is available. Great virtue awaits the one who can discharge it competently, while grave danger threatens the one who fails to give each party its due.
It is likewise incumbent upon the Muslim ruler to appoint judges whenever the public interest requires it, so that rights are not squandered. He should choose the most knowledgeable and God-fearing candidates he can find, and if he is unsure of a person’s suitability, he must ask about him.
The judge must strive to establish justice among the people to the utmost of his ability.