What are the fundamental conditions required for a judge?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
A judge must fulfill three overarching conditions: Completeness, Justice, and being from the people of Ijtihad (independent reasoning). Completeness is divided into Completeness of Legal Capacity and Completeness of Physical Form. Completeness of Legal Capacity requires the judge to be an adult, sane, free, and male. Completeness of Physical Form requires the judge to be able to speak, hear, and see.
Supporting text
Regarding Completeness of Legal Capacity, Ibn Jarir held that the requirement for the judge to be male is not strict, as a woman may serve as a legal consultant (mufti), implying she could also be a judge. Abu Hanifa permitted a woman to serve as a judge except in matters involving prescribed punishments (Hudud), as her testimony is accepted in those cases.