- Book on Judicial Conduct
A person’s appointment as judge is not valid unless he meets all the qualifications required of a witness and is capable of ijtihād (independent legal reasoning). It is permissible to accept a judgeship for one who is confident he can discharge its duties, but it is disliked for anyone who fears incompetence or cannot trust himself to remain impartial. One ought neither to pursue the office nor to request it.
When someone is invested with the judiciary, the register kept by his predecessor is handed over to him. He must review the cases of those in detention: whoever admits liability is compelled to fulfil it, while anyone who denies it is not bound by the statement of the deposed judge unless supported by evidence. If no evidence appears, the prisoner is not released immediately; rather, the case is announced publicly and additional inquiry is made.
He must also examine deposits and endowment revenues, ruling according to what is proven by evidence or admitted by the person in possession. The word of the former judge is not accepted unless the current holder acknowledges that the former judge delivered the property to him; in that event his statement is accepted.
The judge should hold court openly in the mosque. He may not accept a gift except from a permanently unmarriageable relative or from someone who used to give him gifts before his appointment. He should not attend a private invitation unless it is a public gathering, though he may accompany a funeral procession and visit the sick.
He must not entertain one litigant without the other. When both appear, he is to treat them equally in seating and attention, avoiding private conversation, signalling, or prompting either party with an argument.
If a right has been established and the claimant asks that his opponent be imprisoned, the judge should not rush to jail him. He first orders payment of the debt, and if the man refuses, then he is imprisoned.