whereas in matters whose ruling is intricate (1) and where confusion is feared, the more knowledgeable is preferred. A hadith reports that the Prophet (peace and blessings be upon him) said: “Allah loves discerning insight (2) when doubtful matters arise, and He loves perfect reason when desires assail” (3).

Both are preferred to the more competent candidate if the judge has the full support of either the military governor or the general public.

The more competent candidate is preferred if the administration of justice has greater need for strength and support for the judge than for greater knowledge and scrupulousness. A judge vested with general authority must be knowledgeable, just, and capable; indeed, the same applies to every Muslim officeholder. If any one of these qualities is deficient, dysfunction will result. Effectiveness is achieved either through coercion and fear (4), or through benevolence and willing cooperation; in reality, both are indispensable.

Some scholars were asked: “If no one is available to assume judicial office except a knowledgeable but sinful man (5)