Conditions of a Judge

**Seven Conditions for One Who Takes the Position of Judge:** --- **1. Islam:** A judge must be Muslim, because Islam is a condition for justice ('adalah). A disbeliever is not just. Also, appointing a disbeliever as judge would elevate him, while Islam requires his humiliation. --- **2. Legal Responsibility (Taklif):** Must be **adult and sane**. A child and insane person are not legally responsible, and they are under the guardianship of others. --- **3. Freedom:** A slave cannot be a judge because he is occupied with his master's rights and has no authority - so he is not qualified for judiciary, like a woman. --- **4. Male Gender:** A woman cannot hold the position of judge because she is not from those who hold authority (wilayah). **Evidence:** The Prophet ﷺ said: "A people who appoint a woman as their leader will never succeed" [Bukhari]. --- **5. Justice ('Adalah):** A fasiq (open sinner) cannot be appointed as judge. **Evidence:** "O you who believe, if a fasiq comes to you with news, verify it" [Al-Hujurat: 6]. If his news is not accepted, then his judgment is rejected with greater reason. --- **6. Freedom from Debilitating Disabilities:** Such as deafness, blindness, and muteness - because one cannot properly distinguish between disputants with these disabilities. *Note: There is scholarly discussion regarding the requirement of sight specifically.* --- **7. Knowledge of Sharia Rulings:** Must be knowledgeable in the rulings he will judge by - even if only in his madhab (school of thought) that he follows.