Qadi - Qualifications

Qualifications

A qadi must be an adult. They must be free, a Muslim, sane, unconvicted of slander and educated in Islamic science. Their performance must be totally congruent with Sharia without using their own interpretation. In a trial in front of a qadi, it is the plaintiff who is responsible for bringing evidence against the defendant in order to have him or her convicted. There are no appeals to the judgements of a qadi. The qadi must exercise their office in a public place, the chief masjid is recommended, or, in their own house, where the public should have free access.

Qadis must not receive gifts from participants in trials and they must be careful in engaging themselves in trade. Despite the rules governing the office, Muslim history is full of complaints about qadis. It has often been a problem that qadis have been managers of waqfs, religious endowments.

The qualifications that a qadi must possess are stated in the law, although the law is not uniform on this subject. The minimal requirement upon which all the jurists agree is that a qadi possess the same qualifications as a witness in court, that is, that they be free, sane, adult, trustworthy, and a Muslim. Some require that they also possess the qualifications of a jurist, that is, that they be well versed in the law, while others regard those qualifications as simply preferable, implying that a person may effectively discharge the duties of the office without being well versed in the law. This latter position presupposed that a qadi who is not learned in matters of law would consult those who are before reaching a decision. Indeed, consultation was urged upon the learned qadi as well, since even the learned are fallible and can profit from the views of others. Those consulted did not, however, have a voice in the final decision making. The Islamic court was a strictly one-judge court and the final decision rested upon the shoulders of a single qadi.

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