Is it permissible for a judge to accept wages (Ajr) for judging?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 2 · Bab 1

Open in Qurani

Primary text

It is not permissible for the judge of the Muslims to accept wages for judging. This is the established view of Al-Shafi'i, and no disagreement on this point is known. The reason is that judging is an act of worship (Qurbah) specifically undertaken by one qualified to be among the pious, thus resembling prayer (Salat). Additionally, the judge performs this act for himself, not on behalf of another, which also resembles prayer. It is also an action whose compensation is not known by contract.

Supporting text

The companions of Al-Shafi'i differentiated: if the judge was not specifically appointed (Muta'ayyin), accepting the stipend is permissible; but if appointed, it is not permissible except out of necessity.