What are the scope of authority for a judge whose general appointment is valid?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 3 · Bab 1

Open in Qurani

Primary text

Upon a valid and general appointment, the judge gains authority over ten matters. These include adjudicating disputes between litigants, recovering established rights and delivering them to their rightful owners, overseeing the wealth of orphans and the mentally incompetent, placing restrictions (hajar) on those deemed foolish or bankrupt, supervising endowed properties (Waqf) concerning the preservation of their core assets and the execution of their provisions according to the founder's stipulations, marrying women who lack a guardian (Ayama la awliya lahunna), enforcing legal punishments (Hudud), overseeing public interests such as removing harm from Muslim thoroughfares and courtyards, examining the status of the judge's witnesses and trustees, replacing those whose integrity has been invalidated (thabata jarhuhu), and leading the congregational Friday and Eid prayers. There are two views regarding the collection of land tax (Kharaj) and the acceptance of Zakat.