Is literacy a prerequisite for a judge (Hakim)?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
Literacy is not a condition for being a judge. The Prophet Muhammad, peace be upon him, who is the master of judges, was unlettered (Ummi), which proves that the ability to write is not necessary for adjudication. If a judge requires assistance with writing, they may appoint someone who possesses that skill, just as a judge does not need to be skilled in surveying to divide property among people, nor do they need expert knowledge in valuing goods or identifying defects in all objects to fulfill their judicial duties.
Supporting text
It has been suggested that the judge must be literate so that he may be aware of what his scribe records and prevent the scribe from concealing information from him.