Does the Imam have the authority to appoint a judge inside or outside his territory?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 1 · Bab 1

Open in Qurani

Primary text

The Imam possesses the authority to appoint a judge within his territory and outside of it. This authority is established by the precedent of the Prophet (peace be upon him) appointing Umar ibn Al-Khattab, Ali, and Mu'adh to judicial roles. Furthermore, the Imam is occupied with many matters concerning the welfare of Muslims and cannot dedicate himself entirely to judging between them. Evidence includes the tradition where the Prophet commanded Amr ibn Al-As, "Judge between them." If he judged correctly, he received ten rewards; if he erred, he received one reward. A similar account is related regarding Uqbah ibn Amir.

Supporting text

Uthman ibn Affan indicated the delegation of judicial power when he told Ibn Umar that his father used to judge, implying the legitimacy of delegation, even though Ibn Umar noted his father would seek counsel from the Messenger of Allah when unsure.