What are the qualifications required for a judge's scribe?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The scribe must be trustworthy, meaning it is not permissible to appoint anyone except a just individual, as writing is a matter of trust. It is recommended that the scribe be a jurist (*Faqih*) so that he understands the significance of the terminology related to rulings and can distinguish between permissible and obligatory matters. He must possess sound intellect, piety, and integrity to resist temptation. He must be a Muslim because God Almighty stated, "O you who have believed, do not take as intimates those outside your group..." (Quran 3:118). Umar ibn al-Khattab rebuked Abu Musa al-Ash'ari for bringing a Christian scribe, asserting that such individuals should not be trusted, approached, or honored.
Supporting text
The scholars of Shafi'i school hold two views regarding the necessity of the scribe's justice and Islam: one view stipulates these conditions based on the aforementioned reasons. The second view suggests they are not strictly necessary because the judge must review everything written, thereby safeguarding against major treachery.