If the recipient judge is the deputy (khalifa) of the issuing judge, what happens to the deputy's authority if the issuing judge dies or is removed?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 5 · Bab 1

Open in Qurani

Primary text

The deputy judge's authority is terminated upon the death or removal of the issuing judge, as the deputy is an agent thereof, similar to how agency is revoked. The authority of a deputy judge is established for himself as a deputy, granting the principal the right to dismiss him.

Supporting text

Some companions of Al-Shafi'i argue that the deputy is not removed, paralleling how the original judge is not removed by the death or removal of the Imam (ruler), as the Imam establishes authority for the Muslims, which is not voided by his death or removal.