safeguarding funds and similar responsibilities. Collecting and safeguarding them, however, requires both strength and trustworthiness. A strong supervisor should therefore be appointed to collect them through his strength, alongside a trustworthy accountant who safeguards them through his expertise and integrity. Likewise, in military command, when the commander orders consultation with people of knowledge and religious commitment, he combines both benefits. The same applies to all other offices: if one man cannot fully serve the public interest, several should be appointed together. Thus, the most suitable candidate must be given preference, or several people appointed when one fully qualified individual does not suffice.
For judicial office, preference should be given to the most knowledgeable, the most scrupulous, and the most capable. If one candidate is more knowledgeable and the other more scrupulous, the more scrupulous should be preferred in matters where the ruling appears clear but there is a risk of bias. In matters where the ruling is subtle and confusion is feared, the more knowledgeable should be preferred.
A hadith reports that the Prophet, may Allah bless him and grant him peace, said:
“Allah loves penetrating discernment when ambiguities arise, and He loves sound judgment when desires assail.”
Both should be preferred over the more capable candidate if the judge enjoys full support from the military governor or the general public. The more capable candidate should be preferred if administering justice requires strength and assistance for the judge more than it requires additional knowledge and scrupulousness. A judge with unrestricted jurisdiction must be knowledgeable, upright, and capable.
Indeed, the same applies to everyone who holds authority over Muslims: any deficiency in one of these qualities produces a corresponding failing. Such capability is secured either through coercion and fear,