How should the Imam appoint a judge (Qadi)?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The Imam must appoint a judge if he possesses knowledge of the people and knows who is fit for the judiciary. If he lacks this direct knowledge, he must seek counsel and guidance from those knowledgeable about the people to determine a suitable candidate. Upon finding a potential candidate unknown to him, the Imam must summon and question him. If the candidate's justice (adalah) is confirmed, the Imam shall appoint him. A decree must be written for the appointee, commanding him to observe piety towards Allah, exercise thoroughness in judgment, consult scholars, scrutinize the status of witnesses, contemplate testimonies, oversee orphans, and safeguard their wealth and endowments. The foundation for this appointment relies on the Imam's judgment regarding the candidate's fitness.
Supporting text
The text focuses solely on the process of appointment based on the Imam's assessment and counsel, without detailing alternative methods of initial selection other than the requirement to verify the candidate's justice.