Is it permissible to appoint a judge on the condition that they rule according to a specific Madhhab?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
It is impermissible to appoint a judge on the condition that they rule according to a specific school of jurisprudence (Madhhab). This is the established position of Al-Shafi'i. The proof for this ruling is the divine command: {Judge between people with truth} (Quran 38:26). Truth is not confined to a single Madhhab, and the truth may become apparent to the judge outside the stipulated school. If such a condition is imposed, the condition itself becomes void.
Supporting text
Regarding the validity of the appointment (Tawliyah) itself when tied to a void condition, there are two differing scholarly opinions, analogous to the rulings concerning void conditions placed upon a sale contract.