The ruling on seeking the position of judge and striving for it, and the hadith: “If I were to entrust it to you…”
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Question:
He says: Honorable Shaykh, may Allah grant you success, is it permissible for a person to seek the position of judge and strive for it? Does he thereby fall under the saying of the Messenger (peace and blessings be upon him)
Answer:
Yes, it falls within the scope of the hadith, but an exception is made from this if there is no one else who can handle the matter, no one who is qualified, and if it were left alone, it would be lost. In that case, he may step forward, not out of desire for the position, but out of desire to establish justice. If there is no one else and the administration of justice would be lost, he is permitted to step forward. Allah the Exalted said regarding Yusuf (peace be upon him):[Yusuf 12:55] to the king [Yusuf 12:55]. This contains evidence for the permissibility of seeking positions of authority if one will be able to rectify them and manage them properly; otherwise, if he does not enter into them, they will be lost.
He says: Honorable Shaykh, may Allah grant you success, is it permissible for a person to seek the position of judge and strive for it? Does he thereby fall under the saying of the Messenger (peace and blessings be upon him)
“If I were to entrust it to you, would you accept it?”
إن سألتها وكلت إليها؟Answer:
Yes, it falls within the scope of the hadith, but an exception is made from this if there is no one else who can handle the matter, no one who is qualified, and if it were left alone, it would be lost. In that case, he may step forward, not out of desire for the position, but out of desire to establish justice. If there is no one else and the administration of justice would be lost, he is permitted to step forward. Allah the Exalted said regarding Yusuf (peace be upon him):
[Joseph] said,
قَالَ[Joseph] said, "Appoint me over the storehouses of the land. Indeed, I will be a knowing guardian."
اجْعَلْنِي عَلَىٰ خَزَائِنِ الْأَرْضِ إِنِّي حَفِيظٌ عَلِيمٌ
Source
قناة «العلامة الدكتور صالح الفوزان»، 115 من 123 / شرح كتاب زاد المستقنع / القضاء / صالح الفوزان / الفقه / كبار العلماء — youtube.com (33:15)
The Arabic text is a machine transcription of the audio recording.
