If he accepts it and promptly reciprocates the gift, it becomes his property. If he does not promptly reciprocate it, it belongs to the public treasury if it cannot be returned to the giver.

A judge may not delay litigants when they bring their dispute before him, except for a valid excuse. Nor may he bar access to himself except during periods of rest. He may not rule in favor of either of his parents or either of his children, because of the suspicion of partiality; but he may rule against them, since that suspicion does not apply. Likewise, he may not testify in their favor, but may testify against them. He may not testify against his enemy, but may testify in his enemy’s favor; he may rule in his enemy’s favor, but may not rule against him.

Abu Bakr said in his Kitāb al-Khilāf: “He may rule for or against them, because the grounds for a ruling are apparent, whereas the motives underlying testimony are hidden. Thus, suspicion of bias is removed from him in judging, but directed toward him in testimony.”

If a judge dies, it has been said that his deputies are thereby dismissed. If the imam dies, however, his judges are not dismissed. It has also been said that they are not dismissed because a judge oversees the affairs of the Muslims, not merely those of the person who appointed him. For this reason, even if that person wished to dismiss him, he would have no authority to do so.

If the people of a town without a judge unanimously appoint a judge over themselves, the matter requires examination. If the imam is present, the appointment is invalid. If he is absent, it is valid, and the judge’s rulings against them are enforceable. If an imam subsequently appears after the judge has begun his judicial work, the judge may continue only with the imam’s permission; however, the imam may not overturn any of the judge’s previous rulings.

Imam Aḥmad, may Allah Most High have mercy on him, explicitly stated that if two people appoint him to judge between them, his ruling against them is enforceable. He also stated that if a group of travelers is accompanied by someone who dies in a place where there is no judge, and the deceased has property that they fear may be lost, the members of the group may undertake to sell that property, except for slave women.

Section: The Office of Redress for Grievances and the Adjudication of Grievances

This means compelling those who bring grievances to accept an equitable settlement through awe, and restraining disputants from denying the truth through imposing authority. One appointed to oversee grievances must be a person of high standing, whose commands are obeyed, greatly awe-inspiring, manifestly upright, little given to greed, and abundant in pious scrupulousness. This is because, in carrying out this responsibility, he needs the forcefulness of those who wield power and the deliberateness of judges. He must therefore combine the qualities of both groups.

If he is among those who possess general authority, such as the caliphs, or among those whom the caliphs have entrusted with general affairs, such as ministers and governors, then adjudicating grievances requires no formal appointment. By virtue of his general jurisdiction, he has authority to adjudicate them.