Compiled by: Dr. Muhammad Zia ur Rahman Azmi (Rahimahullah)
"إِنَّ خَيْرَ مَنِ اسْتَأْجَرْتَ الْقَوِيُّ الْأَمِينُ"
"Indeed, the best one you can hire is the strong and the trustworthy." [Al-Qasas: 26]
Similarly, Allah mentions:
"قَالَ عِفْرِيتٌ مِّنَ الْجِنِّ أَنَا آتِيكَ بِهِ قَبْلَ أَن تَقُومَ مِن مَّقَامِكَ ۖ وَإِنِّي عَلَيْهِ لَقَوِيٌّ أَمِينٌ"
"A powerful one from among the jinn said, 'I will bring it to you before you rise from your place, and indeed, I am strong and trustworthy for the task.'" [An-Naml: 39]
Introduction
For any judicial or governmental position, two foundational attributes are indispensable:- Competence (قوت)
- Trustworthiness (امانت)
"إِنَّ خَيْرَ مَنِ اسْتَأْجَرْتَ الْقَوِيُّ الْأَمِينُ"
"Indeed, the best one you can hire is the strong and the trustworthy." [Al-Qasas: 26]
Similarly, Allah mentions:
"قَالَ عِفْرِيتٌ مِّنَ الْجِنِّ أَنَا آتِيكَ بِهِ قَبْلَ أَن تَقُومَ مِن مَّقَامِكَ ۖ وَإِنِّي عَلَيْهِ لَقَوِيٌّ أَمِينٌ"
"A powerful one from among the jinn said, 'I will bring it to you before you rise from your place, and indeed, I am strong and trustworthy for the task.'" [An-Naml: 39]
Essential Qualifications for a Muslim Judge
1. Competence (قوت)
The competence of a judge lies in their:- Knowledge of Islamic Shariah: They must be well-versed in the rulings, principles, and evidences of Islamic jurisprudence.
- Understanding of People and Customs: Familiarity with societal norms, customs, and terminologies is necessary to ensure that rulings are contextually appropriate and effectively applied.
2. Trustworthiness (امانت)
Trustworthiness is achieved when a judge is:- A Muslim: A judge must be a believer, as the rulings of a disbeliever are not binding on Muslims. This is because a non-Muslim cannot be trusted to apply Islamic principles impartially.
- Upright and Just (عادل): A judge must adhere to Islamic teachings and exhibit high moral character. They must:
- Avoid neglecting obligatory acts.
- Refrain from committing major sins.
- Not persist in minor sins.
Additional Conditions
- Adherence to Justice (عدل)
Justice requires that the judge’s rulings are based on Islamic principles and are free from personal bias or external influence. The Prophet Muhammad (peace be upon him) instructed Muslims to verify information before acting on it:
"يَا أَيُّهَا الَّذِينَ آمَنُوا إِن جَاءَكُمْ فَاسِقٌ بِنَبَإٍ فَتَبَيَّنُوا"
"O you who have believed, if there comes to you a disobedient one with information, investigate it." [Al-Hujurat: 6]
A non-Muslim’s testimony, therefore, is not accepted unless under exceptional circumstances, such as the absence of Muslims during travel. - Male Gender
A judge must be male, as leadership roles requiring public authority, including that of a judge, are not permitted for women in Islam. The Prophet Muhammad (peace be upon him) said:
"A nation will never succeed that appoints a woman over its affairs."
[Sahih al-Bukhari, Hadith 4425] - Integrity and Moral Uprightness (مروت)
A judge must maintain a high standard of personal and professional conduct. This ensures that their decisions are trustworthy and credible.
Responsibilities of a Judge
A judge's role encompasses three main tasks:- Receiving Testimony: Ensuring that witness statements are reliable and consistent with Islamic principles.
- Interpreting Evidence: Providing clear explanations of the legal rulings applicable to a case.
- Issuing Judgments: Deciding cases impartially and in accordance with Islamic law.