their subjects may live in security and tranquility under the shade of the Islamic Sharīʿah, just as this blessing befell the early generations of this ummah. Allah enabled them to implement His law, and He combined for them victory over their enemies with an honorable reputation in this worldly life.
There is no doubt that the situation to which the Arabs and the Muslims have now been reduced before their enemies is the inevitable result of not applying the Islamic Sharīʿah.
We ask Allah to grant all Muslims success in that which will bring them dignity and prosperity over their foes; He is indeed All-Hearing, Responsive.
Sixth: Shaykh Muḥammad ibn Ibrāhīm said: We have learned that some judges refer certain cases to the Labor Office or to other departments on the pretext that such matters fall within the jurisdiction of a particular agency. It is plain, however, that the Islamic Sharīʿah is fully capable of rectifying human affairs in every field; it is sufficient for resolving disputes, adjudicating conflicts, and clarifying every problem. To refer cases to those bodies is to acknowledge man-made laws and to portray the courts as incapable. Therefore, examine everything that comes before you and decide it in accordance with the noble Sharīʿah.
Seventh: Shaykh Taqī al-Dīn said: Judicial authority is established only through the appointment of the imam or his deputy, for the judiciary is a public interest and may therefore be conferred solely by the imam.
Such authority must combine adequate power and trustworthiness: power in judgment rests on knowledge and on justice in enforcing the verdict, while trustworthiness springs from fear of Allah, Exalted is He.
Eighth: Shaykh Taqī al-Dīn also said: The qualifications for the judiciary are to be considered according to what is possible, and the most suitable, then the next most suitable, must be appointed. This is indicated by the statements of Aḥmad and others: when a truly pious person cannot be found, the ruler should appoint the most beneficial of the sinners, the one least prone to evil, the fairest among the muqallidūn, and the one most knowledgeable of the opinions he follows.
Ninth: Ibn al-Qayyim said: Knowledge of people and their conditions is a fundamental principle the judge needs. If he is not well-versed in that, and is not also knowledgeable in commands and prohibitions, and then applies one of them to—