Is it permissible for the Imam to delegate the appointment of a judge to another person?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is permissible for the Imam (ruler/authority) to delegate the authority to appoint a judge to another individual. This delegation is valid because the underlying act—holding the office of judgeship—is permissible, making delegation analogous to delegation in a contract like sale. The individual authorized to appoint the judge may proceed with the appointment.