Is a qualified judge who is the only available person obligated to assume the judicial office, based on Ahmad's reported view?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 3 · Bab 1

Open in Qurani

Primary text

There is a transmission from Ahmad indicating that the office does not become obligatory upon the sole qualified person. When asked if the judge sins if no one else is available, he replied, No sin. This might imply that the obligation is lifted because of the inherent personal risk involved, meaning he is not obliged to harm himself for the benefit of others, which explains why Abu Qilabah refused the position when told he was the only one available.

Supporting text

Alternatively, this view can be interpreted as applying to a situation where fulfilling the obligation is impossible due to the injustice of the ruler or other external factors. This is supported by Ahmad's statement that people must have a ruler, otherwise the rights of the people will be lost.