Explanation of the author's statement: "And looking into the interests of his work by preventing harm from the roads and their courtyards, and the like"
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The Shaykh : Yes, he said "And looking into the interests of his work". This is the tenth point: looking into the interests of his work. And what is meant by his work?
The questioner : ... .
The Shaykh : There is no god but Allah. How quickly you forget the place of his work in the interests of his work. That is, the interests of the place of his work. Good. "By preventing harm from the roads and their courtyards" means he is the one who takes charge of what the municipality takes charge of. Yes, he prevents harm from the roads and their courtyards. So he is the one responsible. If we find something in the market, we go to the judge's house and say, "O Allah, look into such-and-such market; there is harm there, remove it." Do you understand this is the meaning of his statement "by preventing harm from the roads and their courtyards"? The roads are clear. The courtyards are the open spaces in the roads where garbage and trash are thrown, and the like. So the one who looks into them is the judge. Good. These are ten matters that the judge benefits from his authority. But note that these ten matters mentioned by the author are not matters explicitly stipulated by the Shari'ah such that we do not exceed them or fall short of them. Rather, they are customary matters, meaning it is customary for the judge to take charge of these matters on behalf of whom? On behalf of the Imam. So if circumstances change and the requirement or implication of the contract of the judgeship does not obligate the judge to perform all these tasks, then we look according to the current custom. Separating disputants is still remaining. Good. Taking the right of some from others is not for the judge now. The judge has only to separate. As for taking the right of some from others, that is for another party. Good. Looking into the wealth of those who are not of sound mind.
The questioner : ... .
The Shaykh : No, he has it until now. Good. Placing a guardian over those who require it is for him, meaning it is not for the Ministry of Trade, but for the judge. Good. Looking into the management of endowments is now in the Ministry of Endowments. There is a Ministry of Endowments that takes charge of this. Good. Executing bequests appears to be for Endowments as well, not for the judge. Marrying a woman who has no guardian is for him, but it is for him and not for him, because now they have appointed legal marriage officers. Or not? So now, is it the legal marriage officer who marries, or not?
The questioner : We said it is for her guardian.
The Shaykh : Yes, the marriage officer now is of two types. One type of marriage officer is called the Judge of Marriages, and he takes charge of marrying a woman who has no guardian. And a marriage officer for the mere contract from the guardians; this one does not take charge of the marriage. Good. He says establishing the hudud is not for him; he judges, and others establish them. Good. Leading the Jumu'ah and 'Id prayers is not for him now; some villages do not find anyone other than the judge. Good. Looking into the interests of the work by preventing harm from the roads is not for him, but for the municipality. It is clear. If the authority of the judgeship is not an implication of the judgeship that is a religious matter received from the Shari'ah such that we obligate the judge with it, but it is a customary matter according to what the authority requires in custom. Yes.
The questioner : ... .
The Shaykh : There is no god but Allah. How quickly you forget the place of his work in the interests of his work. That is, the interests of the place of his work. Good. "By preventing harm from the roads and their courtyards" means he is the one who takes charge of what the municipality takes charge of. Yes, he prevents harm from the roads and their courtyards. So he is the one responsible. If we find something in the market, we go to the judge's house and say, "O Allah, look into such-and-such market; there is harm there, remove it." Do you understand this is the meaning of his statement "by preventing harm from the roads and their courtyards"? The roads are clear. The courtyards are the open spaces in the roads where garbage and trash are thrown, and the like. So the one who looks into them is the judge. Good. These are ten matters that the judge benefits from his authority. But note that these ten matters mentioned by the author are not matters explicitly stipulated by the Shari'ah such that we do not exceed them or fall short of them. Rather, they are customary matters, meaning it is customary for the judge to take charge of these matters on behalf of whom? On behalf of the Imam. So if circumstances change and the requirement or implication of the contract of the judgeship does not obligate the judge to perform all these tasks, then we look according to the current custom. Separating disputants is still remaining. Good. Taking the right of some from others is not for the judge now. The judge has only to separate. As for taking the right of some from others, that is for another party. Good. Looking into the wealth of those who are not of sound mind.
The questioner : ... .
The Shaykh : No, he has it until now. Good. Placing a guardian over those who require it is for him, meaning it is not for the Ministry of Trade, but for the judge. Good. Looking into the management of endowments is now in the Ministry of Endowments. There is a Ministry of Endowments that takes charge of this. Good. Executing bequests appears to be for Endowments as well, not for the judge. Marrying a woman who has no guardian is for him, but it is for him and not for him, because now they have appointed legal marriage officers. Or not? So now, is it the legal marriage officer who marries, or not?
The questioner : We said it is for her guardian.
The Shaykh : Yes, the marriage officer now is of two types. One type of marriage officer is called the Judge of Marriages, and he takes charge of marrying a woman who has no guardian. And a marriage officer for the mere contract from the guardians; this one does not take charge of the marriage. Good. He says establishing the hudud is not for him; he judges, and others establish them. Good. Leading the Jumu'ah and 'Id prayers is not for him now; some villages do not find anyone other than the judge. Good. Looking into the interests of the work by preventing harm from the roads is not for him, but for the municipality. It is clear. If the authority of the judgeship is not an implication of the judgeship that is a religious matter received from the Shari'ah such that we obligate the judge with it, but it is a customary matter according to what the authority requires in custom. Yes.