Is it permissible for a judge to engage in personal buying and selling?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
It is disliked for a judge to personally undertake buying and selling. Evidence for this is the report from Abu al-Aswad al-Maliki, from his father, from his grandfather, that the Prophet, peace be upon him, said: "No ruler who trades among his subjects will ever be just." Furthermore, personal engagement in trade leads to favoritism, making the transaction akin to a gift, and it distracts the judge from attending to the affairs of the people. This position is the established doctrine of Al-Shafi'i.
Supporting text
The ruling permits the transaction to be valid if undertaken, as its conditions and pillars have been met. If the judge absolutely needs to conduct trade personally because he has no one to support his dependents, it is permissible and not disliked, based on the precedent of Abu Bakr Al-Siddiq, who intended to trade until the Companions provided him with a stipend, after which he ceased trading. This permission is granted because supporting one's dependents is an individual obligation (Fard Ayn) that should not be abandoned due to a perceived harm. However, if the judge is financially independent and has someone else to manage his affairs, trade becomes disliked for the aforementioned reasons. When delegation is necessary, the judge should appoint someone unknown to the public as his agent to avoid favoritism.