What are the categories of individuals regarding the permissibility and obligation of assuming the judicial office (Qada)?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The people concerning the judiciary fall into three categories. The first group is those for whom entering the judiciary is impermissible because they lack the necessary qualifications and knowledge. This is based on the Prophetic saying mentioning three types of judges, among them a man who judges among people out of ignorance, and he is in the Fire. The rationale is that one who is incompetent cannot uphold justice, thereby transferring rights from their rightful owners to others. The third category consists of those upon whom the office is obligatory. This applies to the individual who is fit to be a judge and is the only one available to assume the role. Since it is a collective obligation (Fard Kifayah) that no one else can fulfill, it becomes obligatory upon him, similar to the washing and shrouding of the deceased.
Supporting text
The second category comprises those for whom assuming the office is permissible but not obligatory. This applies to one who possesses justice and the capacity for Ijtihad (independent legal reasoning) but where others exist who are equally qualified. Such a person may hold the office due to his fitness, but it is not obligatory as it has not been specifically appointed to him. The apparent view of Ahmad suggests it is not recommended for him to assume the role due to the inherent risk and uncertainty, and the severity of the threats mentioned regarding it, contrasting with the practice of the early generations (Salaf) who avoided it. However, Ibn Hamid stated that if the person is obscure and not sought for rulings, it is better for him to take the position so that rights may be upheld through him. If he is renowned, it is better to focus on teaching and issuing Fatwas, provided there is a need for the position and a guaranteed stipend, in which case it becomes preferable to other livelihoods as it is an act of worship.