Question:
Assalamualaikum
I am currently studying towards a Certificate in Islamic Law at the University of Kwazulu Natal, and would appreciate your assistance and opinions in answering the following questions:
1) What qualities are considered in the appointment of a Qadhi?
2) Are there any specific qualifications one may need to have if we (hypothetically) had Qadhi courts in South Africa?
3) If we did have Qadhi courts, who would appoint a Qadhi in South Africa?
Jazaakallah
I look forward to your reply
Wassalaam
Answer:
- In order to appoint any person as a Qadhi (judge) for Muslims the following qualities must be found in that person:
1.) Islam,
2.) To be sane.
3.) Maturity.
4.) Must be able to stand witness in Muslim cases.
- He must have sound knowledge of Islamic Law with its sources according to the commentary and details laid down by the Salf-e-Saaliheen (i.e. the Sahabah, Taabi’een and Tab’i Taabi’een).
- The president of South Africa will appoint a Muslim person as a Qadhi even though the ruler is a non-Muslim
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
05 May 2005
26 Rabee’ul Awwal 1426
This Q&A was indexed in 2012 from the website of Jameah Mahmoodiyah, South Africa. The original website no longer exists.