Is it permissible for someone who does not possess the qualification of ijtihad (independent juristic…
Is it permissible for someone who does not possess the qualification of ijtihad (independent juristic reasoning) to assume the position of a judge, even if he rules according to the fatwa of a qualified Marja‘ (religious Authority)? And would his ruling be binding upon the disputing parties whose marja‘ he does not know?
Answer
In the name of Allah, in my view, it is not permissible for a non-mujtahid to assume judicial authority. However, it is permissible for him to act as an arbitration judge, meaning that if both disputing parties agree to appoint a specific person to rule between them, his judgment is valid by their mutual consent. Allah is the All-Knowing and the Guide.
Source:alnajafy.com · alnajafy.com
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