Does a judge remain in office if the appointing Imam is deposed?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The judge does not vacate his office if the Imam who appointed him (or another Imam) deposes the appointing Imam, based on the principle that the appointment was made for the benefit of the Muslims, and thus cannot be revoked while the judge remains fit for the position, similar to a marriage contract that an administrator cannot unilaterally dissolve.
Supporting text
An alternative view holds that the Imam has the authority to dismiss the judge. This is supported by the action of Umar, who dismissed Abu Maryam from the judgeship of Basra and appointed Ka'b ibn Suwar. Similarly, Ali dismissed Abu al-Aswad, stating his discourse sometimes overshadowed the litigants. This authority stems from the Imam's power to dismiss governors and administrators, as evidenced by Umar dismissing Sa'd ibn Abi Waqqas and appointing Mughirah ibn Shu'bah, and dismissing Khalid ibn al-Walid and appointing Abu Ubaidah. Judgeship and governorship were sometimes combined, as Umar appointed Abu Musa to both the judgeship and governorship of Basra. Umar dismissed many appointees, and those he did not dismiss, Uthman dismissed later. Dismissal by the new Imam, when appointing a successor, causes no harm, distinguishing it from dismissal upon the death of the predecessor where transition causes harm.