other than the judiciary. They came to understand the Sharia as whatever the judge ruled, and sometimes sought to evade this Sharia—either because they had departed from the truth or because of shortcomings on the part of some judges. But this is not so. Rather, the Sharia is the name given to the Book and Wisdom with which Allah Most High sent His Messenger Muhammad—peace and blessings be upon him—and its rulings are binding upon all creation.
Every person in authority must therefore follow this Sharia. A deputy, governor, or muhtasib will often conform to it, just as some judges will often contravene it—whether through lack of knowledge, a blameworthy motive, adherence to a scholar’s opinion, or some other reason. A non-judge who conforms to it may do so because the truth is evident and is affirmed by reason, religions, or our own Sharia; because he knows it from the Quran and Sunnah; because his judgment is sound; because he follows someone who is correct in that matter; or merely by coincidence, without having followed a sound method. Nevertheless, conformity to the Sharia is more common in judicial office than in other public offices.
Some governors have been seen to be better than most judges, while some judges have been seen to be worse than even openly sinful governors. The breadth or narrowness of these offices depends on what the appointing authority is able to confer. The objective is the faithful safeguarding of religion in all matters, and this cannot be achieved without collective organization and governing authority. Thus, when an authority is established through which religion is upheld in the manner prescribed by the Sharia, the objective of public office is fulfilled.
Various groups of jurists have stated that an unrestricted judicial appointment entails several kinds of authority, though they differed concerning certain matters. This depends on what the wording of the appointment and customary usage entail, for that varies [with variations in] the meanings [أ/ق 62] established by custom. Hence they would say, “That entails this.” The legal consequences of all contracts are derived from their wording or from customary usage, unless the Sharia has prescribed a defined limit for them.