Book of Judicature

Introduction

Linguistically, qadaʼ (judicature) is the verbal noun of qada yaqḍī qadaʼan; its active participle is qāḍī (judge). The term is used with several meanings: to judge, to decide, to perfect, to execute, to finish, and to create. The meaning evident in this chapter is “to judge” and “to decide.”

Although qadaʼ is a verbal noun and verbal nouns are normally not pluralized, it is sometimes given the plural form aqḍiyah in view of its different types.

Legally, qadaʼ refers to issuing a ruling and settling a dispute.

Judicature is a communal obligation (fard kifāya); people must have a judge so that rights are not lost.

For the one who is capable of undertaking it and renders justice, it carries tremendous merit; it is among the noblest acts of devotion, and “deeds are judged by intentions.” Yet it also entails grave peril and a heavy burden of sin for anyone who fails to uphold justice.

The leader of the Muslims is obliged to appoint to this office the finest person he can find in knowledge and piety; if such a candidate is unavailable, then the next best, and so on.

Judges have etiquettes and states that the scholars have set out in the “Book of Judicature”; consulting those discussions is highly recommended.