What is the ruling on appointing common people who possess intuition as judges, even if they are not scholars of the Shari'ah?
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The questioner : Well, for example, appointing common people as judges, because some common people make... a judge?
The Shaykh : In this matter, the judge must be qualified to judge; he must be qualified to judge by having knowledge of the Shari'ah. As for appointing a common person who judges according to what the people of the tribe are accustomed to, that is not permissible.
The questioner : No, some are common people and do not know the Shari'ah, but they have intuition and what they have is intuition and acumen?
The Shaykh : This is not made a judgment; it is made in the category of reconciliation, not a judgment.
The Shaykh : In this matter, the judge must be qualified to judge; he must be qualified to judge by having knowledge of the Shari'ah. As for appointing a common person who judges according to what the people of the tribe are accustomed to, that is not permissible.
The questioner : No, some are common people and do not know the Shari'ah, but they have intuition and what they have is intuition and acumen?
The Shaykh : This is not made a judgment; it is made in the category of reconciliation, not a judgment.