Book of Judicial Procedure

It is obligatory for the ruler to appoint a judge in every province, selecting the most capable person available, and to counsel him to fear Allah and seek justice, saying words such as: “I have appointed you,” or “I have entrusted you with the judiciary,” and the like.

A general judicial appointment empowers the judge to settle disputes, recover rights and hand them to their rightful owners, supervise the property of anyone legally incompetent who has no guardian, impose interdiction because of folly or insolvency, oversee waqf (charitable endowments) so that they are administered properly, execute wills, arrange the marriage of a woman who lacks a guardian, and establish the Friday and ‘Eid prayers and similar matters.

The qualifications of a judge are that he be legally accountable, male, free, Muslim, upright, able to hear, see, and speak, and capable of ijtihād (independent legal reasoning), even if only within his own school.

If two litigants authorize someone who is qualified to judge between them, his ruling—whether concerning property or anything else—is binding.

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Etiquette of the Judge

The judge should be strong without harshness, gentle without weakness, forbearing, perceptive, and familiar with the rulings of those who judged before him.

His court should be in the middle of the town and spacious. He may judge in the mosque, provided he protects it from anything unfitting. He must treat both litigants equally in his gaze, his speech, their seating, and their access to him. It is recommended that jurists of the various schools (1) attend his sessions and that he consult them about matters that are unclear.