Is it permissible to appoint multiple judges to handle the exact same general jurisdiction within the same locality?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If two or more judges are appointed to the same function in the same location, there are two differing opinions. The preferable view is that it is permissible. This is the position held by the scholars of Abu Hanifa. The rationale is that if a judge may appoint a deputy (Khalifa) in the locality where he resides, thus having two judges there, it is also permissible for there to be two original judges. The objective of judicial authority is the settlement of disputes and the delivery of rights to their rightful owners, which is achieved in this scenario.
Supporting text
The alternative view, chosen by Abu al-Khattab and one opinion among the Shafi'i scholars, states it is not permissible because it leads to the suspension of rulings and disputes, as the two judges may differ in their ijtihad (independent legal reasoning) and one may hold a view the other does not. However, this concern is invalid because each ruler judges according to their own ijtihad when the litigants are brought before them, and the other judge cannot object to the ruling or overturn it based on disagreement with the reasoning.