Does an Imam have the authority to dismiss a judge he appointed?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two opinions regarding whether the Imam who appointed the judge, or a subsequent Imam, can dismiss him. One view, which is the stance of Al-Shafi'i, holds that the judge is not dismissed because the appointment was made for the benefit of the Muslims, and the Imam cannot revoke it while the judge is competent, just as he cannot unilaterally dissolve a marriage contract he entered into on behalf of a ward. The second opinion states that the Imam possesses the authority to dismiss the judge, citing the precedent of Umar dismissing Abu Maryam from the judgeship of Basra and appointing Ka'b ibn Suwar. This is further supported by the general authority of the Imam to dismiss governors and officials.

Supporting text

The primary opinion maintains that the judge is not dismissed because the contract serves the public interest and cannot be unilaterally revoked if the judge remains fit. The opposing view is supported by the actions of Umar and Ali demonstrating the right of dismissal for reasons such as excessive discourse overshadowing litigants, or for stronger leadership.