Appointing a fasiq as qadi

Question

Question: Zayd is ignorant of religious knowledge and is a convicted thief; theft (?), he shaves his beard and abandons the prayer, and he has other deeds contrary to the Sharia as well. In such a case, can Zayd be fit and suitable for the Sharʿi office of qadi or not?

Answer

In the case asked about, Zayd is a fasiq (sinner) because of the deeds mentioned, and therefore he is not suitable in the Sharia for the office of qadi. It is appropriate and fitting to entrust the office of qadi to one who is just (ʿadl), trustworthy and righteous.

Source: Fatawa Mahmudiyya

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