Is it permissible for a judge (Qadi) to receive a stipend (Rizq) for his judicial duties?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
It is permissible for the judge to accept a stipend. This position is held by Shurayh, Ibn Sirin, Al-Shafi'i, and the majority of scholars. Evidence for this includes that 'Umar, may Allah be pleased with him, appointed Zayd ibn Thabit as judge and stipulated a stipend for him; Shurayh received one hundred dirhams monthly; and 'Umar sent 'Ammar, 'Uthman ibn Hunayf, and Ibn Mas'ud to Kufa, allotting each of them a sheep daily, half for 'Ammar and half for Ibn Mas'ud and 'Uthman. Furthermore, Abu Bakr, upon assuming the Caliphate, was allotted two dirhams daily. The ruling is that accepting the stipend is permissible under all circumstances because the people have a need for the judge, and without such provision, the judiciary would cease, and rights would be lost. Scholars supporting the main view include the consensus of the majority, Shurayh, Ibn Sirin, and Al-Shafi'i.
Supporting text
Ahmad stated that he does not favor the judge taking payment for judging, though if taken, it should be commensurate with the time spent, similar to the guardian of an orphan. Ibn Mas'ud and Al-Hasan disliked receiving payment for judging. Masruq and 'Abd al-Rahman ibn al-Qasim ibn 'Abd al-Rahman refused payment, stating they do not take payment for dispensing justice between two parties.