Is the appointment of a judge valid if the ruler states, 'Whoever reviews the case according to the opinions of so-and-so and so-and-so, I have appointed him'?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The appointment of a judge (wilayah) is not established based on this declaration because the ruler attached the appointment to a condition (talaqq al-wilayah 'ala shart) without explicitly naming one specific individual for the judgeship. The primary ruling is that the condition prevents the establishment of the appointment.
Supporting text
It is plausible that the appointment is established for the one who reviews the case because the Prophet, peace be upon him, appointed successors for leadership based on conditions: 'Your leader is Zayd; if he is killed, your leader is Ja'far; if he is killed, your leader is 'Abdullah ibn Rawahah.' Since the leadership appointment was conditioned, the judgeship appointment should likewise be conditioned.