Muhammad al-Mawardi: “On Qadis”

( ca. 1045–1058 ) Commentary by J. Tia Wheeler, University of St. Andrews, U.K. and Michael J. O'Neal, Ph.D.

“As for the child below puberty, he cannot be held accountable, nor can his utterances have effect against himself; how much less so against others. As for women, they are unsuited to positions of authority, although judicial verdicts may be based on what they say.” - Condition 1
“The slave, having no authority over himself, cannot have authority over others. Moreover, since his state of slavery makes his testimony unacceptable, all the more does it prevent his holding authority and giving valid judgments.” - Condition 3
“The fourth condition is Islam, because this is a necessary condition for the right to testify and because of the word of God, God will not give the unbelievers the advantage over the believers. It is not lawful for an unbeliever to exercise judicial authority over Muslims or over unbelievers.” - Condition 4
“The sixth condition is soundness of sight and hearing, so that by their means he may … distinguish between plaintiff and defendant, and differentiate between those who affirm and those who deny in such a way that the difference between truth and falsehood may be clear to him and that he may know the speaker of truth from the liar.” - Condition 6
“The sources of the rules of the Holy Law [include] … knowledge of analogy, the method used to deduce implicit consequences from explicit and agreed principles.” - Condition 7

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