Quran Course
All BooksDownloads
All BooksDownloadsSystem Of Islam
Also visitSystem Of Islam
Built with love by StudioToronto.ca
Quran Course
All BooksDownloads
All BooksDownloadsSystem Of Islam
0%
The Ruling System in Islam1 min readViewed 1 time

11.2 The conditions required for the post of judges


Anyone taking up the post of a judge must be a Muslim, free, mature, sane, just a Faqih (learned scholar), and aware of how to apply the rules to the events. The person who takes up the judiciary of Mazaalim, in addition to the conditions mentioned must also be male and a Mujtahid (jurist), just like the Qadhi al-Qudhah (Supreme judge). This is because this post is in fact a combination of judicial and ruling responsibilities, for He judges over the ruler and executes the Shari’ah upon him. Therefore He must be male in addition to the other conditions for the judge post, one of which is to be a Faqih. Furthermore, He has to be a Mujtahid, because as part of the Mazaalim He may be required to look into whether the ruler has ruled by other than that which Allah has revealed, i.e. ruled by a law that has no Shar’a evidence to back it, or in case the evidence He used does not relate to the event. It is only the Mujtahid who can deal with such Mazlama. Therefore if He were not a Mujtahid, He would be judging on something He knows little about or has no knowledge at all, and that is forbidden. Therefore, in addition to the conditions of the ruler and those of the judge, He should also be a Mujtahid.

← Previous chapterNext chapter →
Chapters (94)
  1. 1Foreword
  2. 2Introduction
  3. 31 Ruling in Islam
  4. 42 The Islamic State
  5. 52.1 The shape of the ruling system in Islam
  6. 62.2 The shape of the Islamic ruling system is not monarchical
  7. 72.3 The shape of the Islamic ruling system is not republican
  8. 82.4 The shape of the Islamic ruling system is not imperial
  9. 92.5 The Ruling System In Islam Is Not A Federal One
  10. 102.6 The System Of Ruling In Islam Is The Khilafah
  11. 113 The principles of ruling
  12. 123.1 Sovereignty is for Shar’a
  13. 133.2 The authority belongs to the Ummah
  14. 143.3 The appointment of one Khaleefah is obligatory on all Muslims
  15. 153.4 The adoption of laws is the exclusive right of the Khaleefah
  16. 164 The structure of the state
  17. 174.1 The Khaleefah
  18. 184.2 Conditions of the Khaleefah
  19. 194.3 The conditions of preference
  20. 204.4 Contracting of the Khaleefah
  21. 214.5 The verdict on the usurper
  22. 224.6 By which people is the Khilafah contracted
  23. 234.7 Who appoints the Khaleefah
  24. 244.8 The Bay'ah
  25. 254.9 Seeking the Khilafah
  26. 264.10 The method of appointing the Khaleefah
  27. 274.11 Designating or appointing a crown prince
  28. 284.12 Succession to the throne
  29. 294.13 The time term of the Khaleefah
  30. 304.14 The time limit given to the Muslims to appoint a Khaleefah
  31. 314.15 The unity of the Khilafah
  32. 324.16 The mandatory powers of the Khaleefah
  33. 334.17 The Khaleefah’s method of looking after the subjects’ affairs
  34. 344.18 The Khaleefah is restricted in adoption by the divine rules
  35. 354.19 The removal of the Khaleefah
  36. 364.20 The Ummah does not reserve the right to remove the Khaleefah
  37. 374.21 The Court of Unjust Acts is the only body that could legitimately remove the Khaleefah
  38. 385 The Khilafah State is a human state not a theological
  39. 396 Leadership in Islam is singular and not collectivey
  40. 407 The Khaleefah’s assistants
  41. 417.1 The Delegated Assistant
  42. 427.2 The conditions of the Delegated Assistant
  43. 437.3 The conditions required in the appointing of the Delegated Assistant
  44. 447.4 The task of the Delegated Assistant
  45. 457.5 The Executive Assistant
  46. 468 The Ameer of Jihad
  47. 478.1 Foreign affairs department
  48. 488.2 War department
  49. 498.3 Internal security department
  50. 508.4 The department of industry
  51. 519 The Army
  52. 529.1 The divisions of the army
  53. 539.2 The flags and banners of the army
  54. 549.3 The Khaleefah Is The Leader Of The Army
  55. 559.4 Culturing the army in military and Islam
  56. 569.5 The Islamic State is in a continuous state of Jihad
  57. 5710 The Wulat (Wulah) Governors
  58. 5810.1 The appointment and dismissal of the Governors
  59. 5910.2 The mandatory powers of the of the Governor
  60. 6010.3 The Khaleefah should make enquiries about the works of the governors
  61. 6111 Judiciary
  62. 6211.1 Types of judges
  63. 6311.2 The conditions required for the post of judges
  64. 6411.3 The appointment of judges
  65. 6511.4 The forming of tribunal courts
  66. 6611.5 Al-Muhtasib
  67. 6711.6 The mandatory powers of the Muhtasib
  68. 6811.7 Qadhi of Mazaalim
  69. 6911.8 The appointment and the removal of the judges
  70. 7011.9 The mandatory powers of the Mazaalim judge
  71. 7112 The administration system
  72. 7212.1 The administrative system is a style of administration - not ruling
  73. 7312.2 Discharging of interests is part of ruling affairs
  74. 7412.3 The administraion details
  75. 7512.4 The policy of the administration of interests
  76. 7612.5 Those who are eligible to be civil servants
  77. 7712.6 The civil servants are state hired staff
  78. 7813 The Council of the Ummah
  79. 7913.1 The right of the Shura
  80. 8013.2 The rule of Shura
  81. 8113.3 Electing the members of the Council of the Ummah
  82. 8213.4 The membership term of the Council of the Ummah
  83. 8313.5 Membership of the Council of the Ummah
  84. 8413.6 The mandatory powers of the Council of the Ummah
  85. 8513.7 The right of speech and expression of opinion
  86. 8614 Islam must be implemented as a whole. Gradual implementation is Haram
  87. 8715 Islam forbids ruling by a police state
  88. 8815.1 Islam forbids harming the Muslims and spying on them
  89. 8915.2 Obedience to the Muslim ruler who governs with Islam is compulsory
  90. 9015.3 No obedience in sin
  91. 9115.4 Accounting the rulers is Fard upon the Muslims
  92. 9215.5 The ruler who displays flagrant Kufr must be fought against
  93. 9316 Establishing political parties is Fard Kifayah
  94. 9417 The guarantee of the implementation of Islam