Resignation in Case of Inability to Fulfill the Duties of a Judge

Author: Dr. Muhammad Zia-ur-Rahman A‘zami (رحمه الله)

❖ A Judge Appointed to Office but Unable to Fulfill Its Duties​


If a person knows himself to be incapable of managing the responsibilities of a judicial position (or lacks the necessary ability), then he should submit his resignation or offer an apology, and he should not entangle himself in an affair that would prove harmful to him.


A person is best aware of his own condition. If he knows with certainty—not merely based on doubt or assumption—that:

  • He is deficient in knowledge, or
  • He is unable to pass judgments effectively and justly among people,

then he must resign or excuse himself from the position to avoid the destruction that may affect both himself and others.


However, there is also a concern that such hesitation may stem from whispers (waswasah), baseless doubts, or discouragement from Satan, in which case, such thoughts must be resisted and not acted upon.


[Ibn Baz: Majmu‘ al-Fatawa wa al-Maqalat: 23/207]
 
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