And if he is not among those entrusted with general jurisdiction, he requires a formal appointment and investiture, provided that he possesses the qualifications mentioned above. Such an appointment is valid only for someone eligible to be chosen as heir apparent, to serve as a minister with delegated authority, or to govern the provinces, provided that his jurisdiction over grievances is comprehensive. If his role is limited to enforcing matters that the judiciary was unable to enforce, then he may be of a lower rank and lesser standing, so long as greed does not drive him to accept a bribe.

The Prophet, Allah bless him and grant him peace, personally adjudicated a grievance concerning irrigation water disputed by al-Zubayr ibn al-ʿAwwām and a man from the Anṣār. He said to al-Zubayr, “Irrigate first, O Zubayr; then the Anṣārī.” The Anṣārī said, “Is it because he is your cousin, O Messenger of Allah?” The Messenger of Allah, Allah bless him and grant him peace, became angry at his remark and said, “O Zubayr, let the water run over his land until it reaches the ankles.” The instruction to let it run over his land was only a disciplinary measure for the Anṣārī’s audacity toward the Prophet.

None of the four caliphs appointed anyone specifically to adjudicate grievances, because they belonged to the earliest generation, and the predominance of religion over them was evident, leading them to fairness and truth. Their disputes arose only over matters that were unclear, which the judges’ rulings clarified. If an unjust aggressor emerged among their rough Bedouins, admonition would make him desist, while sternness would bring him to heel. Thus, the caliphs of the early generations confined themselves to settling disputes among the people through judgment and adjudication. When ʿAlī’s imamate came after a delay, the people became divided over it and acted unjustly, so he needed an additional degree of firmness in governance.