What constitutes a valid appointment for the office of the judge (Qadi)?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The authority to act as a judge (wilayat al-qada) is only valid through appointment by the Imam or by someone to whom the Imam has delegated that authority. The Imam is obligated to select the most capable and righteous person available for judging among the Muslims. The appointment language is categorized into explicit (sarih) and implicit (kinayah). Seven explicit terms validate the appointment upon acceptance: 'I have appointed you as judge' (qad wallaytuka al-hukm), 'I have entrusted you' (qalladtuka), 'I have appointed you as representative' (istanbataka), 'I have made you my successor' (istakhfaltuka), 'I have returned the judgment to you' (raddadtu ilayka al-hukm), 'I have delegated to you' (fawwadtu ilayka), and 'I have placed with you' (ja'altu ilayka).
Supporting text
Implicit terms, which include 'I have relied upon you' (qad i'tamadtu 'alayka), 'I have depended on you' ( 'awaltu 'alayka), 'I have commissioned you' (wakkaltu ilayka), and 'I have ascribed to you' (asnadtu ilayka), do not validate the appointment unless they are accompanied by an indication, such as linking the implicit term to a specific judicial duty, like saying 'Judge what I have commissioned you with' (fahkum fima wakkaltu ilayka).