If a person lodges a claim against a dismissed judge, alleging that he took his property as a bribe or on the basis of the testimony of two slaves, for example, the former judge is summoned and the dispute is adjudicated. If the claimant merely says, “He decided my case on the testimony of two slaves,” without mentioning any property, the judge is also summoned—although another view holds that he is not summoned until evidence for the allegation is produced. Should the judge appear and deny the charge, he is believed without having to swear an oath, according to the sound position.
I say: the sounder view is that an oath is required, and Allah knows best.

If someone accuses a sitting judge of injustice in a ruling, the allegation is not heard unless supported by evidence; and when the matter does not concern that judge’s own decision, the case is tried by his deputy or by another judge.

Section

The ruler should issue a written decree to anyone he appoints as judge, have two witnesses attest the document, and send them with the appointee to the town so that they may inform the people of his appointment. According to the stronger opinion, widespread public knowledge (istifāḍah) alone suffices; a mere letter by itself does not, according to the school.

The judge should investigate the state of the town’s scholars and upright witnesses. He should enter the town on a Monday, reside in its center, and begin by examining the cases of prisoners: whoever says, “I was lawfully imprisoned,” remains in custody, whereas if someone claims, “I was jailed unjustly,” the burden of proof falls on his opponent. If the opponent is absent, the judge writes to summon him.

Next he deals with guardians. Whoever claims guardianship is questioned about it, his character, and his management. One found to be openly sinful has the property removed from his control; one found weak is aided with an assistant.

The judge should appoint a verifier (muzakkī) and a clerk. The clerk must be a just Muslim skilled in writing court minutes and registers; it is recommended that he also possess legal understanding, sound intelligence, and a good hand. An interpreter is likewise to be employed, and he must be upright, free, and, according to the stronger view, more than one in number. A blind interpreter is permissible, and multiplicity is required when communicating to a judge who is deaf.

The judge should keep a staff for discipline and maintain a prison both for enforcing rights and for discretionary punishments (taʿzīr). It is recommended that his courtroom be spacious, prominent, protected from excessive heat and cold, suited to the time and to judicial proceedings, and that it not be inside a mosque. It is disliked for him to judge while angry, extremely hungry or overly full, or in any state that mars his temperament. He is encouraged to consult the jurists, to refrain from buying and selling in person, and not to employ a well-known agent.

If someone who has a lawsuit before him—or who never gave him gifts before his appointment—offers him a present, it is forbidden to accept it; and if he used to give gifts and has no dispute