The Task at Hand

A COMPARISON a ruler, the consensus of the Muslim community is required, and they choose him based on their collective opinion. However, for appointing a Qadi, their opinion is not needed, as the ruler himself is present to make the appointment. Ibn Abidin, the author of Radd al-Muhtar, states after quoting this issue from Fatawa al-Bazzaziyah by Hafizuddin Muhammad: “I say, this only applies when there is no necessity. Otherwise, the general body of Muslims also has the authority to appoint a judge.” (Radd alMuhtar, vol. 5, p. 367). This means that the ruling (that general Muslims cannot appoint a qadi) applies when there is no need. But if there is a necessity, then the principle is “they also have the authority to appoint a judge.” In other words, just as the general Muslims have the right to appoint a ruler, they also have the right to appoint a judge. When Muslims agree upon someone as a judge, he becomes a judge by their mutual consent: Yaseeru al-qaadi qaadiyan bi-taraadi al-muslimeen. (Radd al-Muhtar by Ibn Abidin, Vol. 5, p. 369) The principle is that the source and origin of all religious offices is, in fact, the entire Muslim community. In the presence of the Islamic caliphate, since the caliph exercises authority on behalf of the Muslims, he acts as their representative. If the caliph or governor appoints