Conditions and qualifications of Appointment of Qazis/Judges in Islamic Judicial System

Abstract

Adl and Qist is indeed and manifestation of God’s mercy, rather, it may also be seen as a principal objective of Shari ‘ah. The origin or sources of administration of justice in Islam or the Quran, Sunnah of the Holy Prophet, consensus of opinions of the jurists of Islamic jurisprudence 
and Analogy (Qiyas).Justice is a sacred obligation of supererogatory. It is obligatory upon the Muslim rules to appoint judges for the Dispensation of justice to attain equality, to protect the human rights from their violation, to safeguard the lives and properties, and to maintain law and order in society. As a judge is supposed to accomplish a very important and noble task being a regent of Allah, hence, some vital merits and criteria regarding the conditions and qualifications for the appointment of the Qadi or Judge in the light of the Quran, Sunnah, and Islamic jurisprudence. The author of this paper has discussed these conditions and qualifications in this article.
There are some unanimous conditions for the appointment of judges, while some others are not agreed upon. While presenting the difference of opinions of Islamic jurists, the author tried to explain, reconcile the opinions and at some places presented his own view in the light of his 
analysis and arguments. These conditions are around thirty, but the author according to his own discretion chose some of the most important ones to discuss in the paper.