Establishing a Dar al-Qada and appointing a second qadi while one already exists

Question

Question: Allah Most High, in the noble verse [ar]فَإِن تَنَـٰزَعْتُمْ فِى شَىْءٍ فَرُدُّوهُ إِلَى ٱللَّهِ وَٱلرَّسُولِ[/ar] “And if you dispute over anything, refer it to Allah and the Messenger” (Surah al-Nisa’, 4:59), has commanded the Muslims to have disputes of every kind decided according to the Book of Allah and the Sunna of the Messenger of Allah ﷺ. However, certain specific matters, for example the option of puberty (khiyar al-bulugh)

Answer

A qadi must be chosen by the sultan; the sultan’s decree (manshur) will be his instruction, and for this very reason he will possess executive power, so that no one can deviate from the qadi’s decision, and one who deviates is held to deserve taʿzir (discretionary punishment). This situation, in its true reality, neither exists here now nor existed fifty or sixty years ago.

Source: Fatawa Mahmudiyya

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