As for the directive that is neither complete nor legally effective, it is one that merely states, “Examine the matter between them.” No jurisdiction is established by such a directive, because examining the matter between them could mean permissible mediation, or it could mean a binding judgment; both meanings are equally possible. Jurisdiction is therefore not established when the directive remains ambiguous. If it states, “Examine the matter between them according to what is right,” some jurists held that jurisdiction is established by it, because what is right is that which is binding. Others held that it does not establish jurisdiction, since reconciliation and mediation may also be proper even though they are not binding.

Chapter: The Authority of the Naqābah over Those of Noble Lineage

The office of the naqābah (genealogical oversight) is established to protect people of noble lineage from being placed under the authority of one who is not their equal in lineage or comparable to them in nobility, so that he may be more compassionate toward them and his directives concerning them may be effective. It is related that the Prophet (peace and blessings be upon him) said: “Learn your genealogies so that you may maintain your ties of kinship, for there is no closeness through kinship when it is severed, even if it is near; and there is no remoteness through it when it is joined, even if it is far.”

Authority over this office may validly be conferred by one of three authorities: either by the caliph, whose authority encompasses all affairs; by one to whom the caliph has delegated the administration of affairs, such as a minister with delegated authority or a provincial governor; or by a naqīb whose authority is general, when he appoints a naqīb whose authority is restricted to a particular jurisdiction.

If the ruler wishes to appoint one naqīb over the Ṭālibids and another over the ʿAbbāsids, he should select from each group the one of noblest house, greatest merit, and soundest judgment, and appoint him over them. In this way, he combines the qualifications of leadership and governance: they will hasten to obey him on account of his leadership, and their affairs will be set right through his administration.

The office of naqābah is of two types: particular and general. The particular type is limited to the mere exercise of genealogical oversight, without extending to adjudication or the imposition of a fixed legal penalty. Accordingly, knowledge is not considered among its conditions.

In exercising genealogical oversight over his people, he is responsible for twelve matters related to examination. The first is preserving their genealogies from the inclusion of one who does not belong to them, or the exclusion of one who does belong to them. He must therefore protect those excluded from the lineage just as he must protect those included in it, so that the lineage remains preserved in its sound form and properly ascribed