Likewise, if he acknowledged it before both naqibs, he would be a witness to it before his own naqib. If he acknowledged it before his own naqib, that would be permissible, and his naqib would be the judge against him on the basis of his acknowledgment. If he acknowledged it before his opponent’s naqib, it could be held that the naqib was a witness against him, or that he was the adjudicator in the matter, in view of the distinction we have explained between the claimant’s naqib and the respondent’s naqib. The same applies to the authority of clan chiefs and tribal leaders who exercise exclusive authority over their respective clans and tribes.

Chapter: Authority over Leading the Prayers

This authority is divided into three categories: first, leading the five daily prayers; second, leading the Friday prayer; and third, leading voluntary prayers.

As for leading the five daily prayers, the appointment of imams depends on the status of the mosques in which the prayers are held. These are of two types: mosques under the sultan’s authority and ordinary mosques.

Mosques under the sultan’s authority are congregational mosques, shrines, and other mosques that are large and heavily attended—those whose oversight the sultan undertakes. No one may be put forward to lead the prayers there except one whom the sultan appoints for that purpose, lest the subjects usurp his authority in matters entrusted to him. Aḥmad indicated this in the report of Mihnā, who asked him, “May the judge lead the congregation if the governor does not come forth?” He replied, “If he orders him to do so; if he does not order him, he may not come forth except with his permission.”

If the sultan appoints an imam there, that imam has a stronger claim to lead than anyone else, even if another person is more virtuous and knowledgeable than he is. This appointment establishes a right of priority; it is not strictly binding or obligatory, unlike the authority of the judgeship and naqibship. This is for two reasons. First, if the people mutually agree upon an imam and he leads them in prayer, that suffices for them and their congregational prayer is valid. Second, congregational prayer in the five daily prayers is among the recommended Sunnahs, and is not obligatory according to many jurists; only Aḥmad and Dāwūd held it to be obligatory.

Once the sultan has appointed an imam to lead there, no one else may step forward to lead while he is present. If he is absent and has appointed a deputy, the person he appointed has the stronger claim to lead. If he has not appointed a deputy during his absence, permission should be sought from the imam as to whom he should put forward, if that is possible. If seeking his permission is not possible, the people of the mosque should mutually agree upon whom to have lead them, lest their congregation be suspended. Then, when it comes due,