The Task at Hand

illegitimate. Therefore, to obtain true Shariah rulings, an Islamic judge (Qadi) is necessary. Additionally, jurists state that when the people of a city pledge allegiance to a person’s authority, he becomes their ruler. However, the public cannot appoint a Qadi in the same manner. A Qadi can only be appointed by the Caliph. Some people interpret these two points as meaning that it is impossible to establish Shariah courts under a non-Muslim government because an authorized Qadi is essential for Shariah judgments, and the general public cannot appoint a Qadi on their own. Only an Islamic government can do so. Therefore, they conclude that we have only two options: either accept de facto apostasy or change the authority and establish an Islamic government. But this line of reasoning is based on a misunderstanding. When the jurists say that the entire Muslim community cannot appoint a qadi, it is meant in a specific sense. I will quote here a passage from the Hanafi jurist Ibn al-Bazzaz. “If the people of a town gather together and appoint someone as judge, it is not valid because there is no necessity. But if their ruler dies and they make a consensus to have someone as ruler, it is valid because necessity requires it.” (Al-Fatawa al-Bazzaziyyah, Vol. 1, p. 489). From this, it is clear that the difference between these two types of matters is in “necessity.” For appointing