Is a physically impaired person qualified to be a judge?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
A judge must be able to speak, hear, and see. The mute person is unqualified because speech is necessary for pronouncing judgments, and interpretation of signs by everyone is not guaranteed. The deaf person cannot hear the two litigants, and the blind person cannot distinguish between the claimant and the defendant, the confessor and the one to whom confession is made, or the witness and the testified-for.
Supporting text
Some Shafi'i scholars permit a blind judge, citing that Shu'ayb (peace be upon him) was blind. There are also two views among them regarding a mute person whose signs are understood. The primary counterargument is that since the loss of these senses disqualifies one from giving testimony (a lesser position), it must also disqualify one from judicial authority, which is more comprehensive. Furthermore, the case of Shu'ayb is disputed regarding his blindness, and even if true, his small community likely did not require complex judicial rulings.