As for when the judge is dismissed by the Imam who appointed him, or by another, there are two views. One of them is that he is not dismissed. This is the school of al-Shafi'i, because the Imam contracted this appointment for the benefit of the Muslims, and therefore he does not possess the right to dismiss him as long as his state remains sound, just as if one contracted a marriage on behalf of his ward, he would not have the right to annul it. The second view is that the Imam does have the right to dismiss him, based on what was narrated from Umar (may Allah be pleased with him), that he said: "I will surely dismiss Abu Maryam and appoint a man who, if the wicked see him, they will fear him." Thus, he dismissed him from the judgeship of Basra and appointed Ka'b ibn Sur in his place. Ali (may Allah be pleased with him) also appointed Abu al-Aswad, then dismissed him. He asked: "Why have you dismissed me, when I have neither betrayed nor committed a crime?" He replied: "I saw that your voice rises above the two litigants." Furthermore, the Imam possesses the right to dismiss his commanders and governors in the lands, and likewise his judges. Umar (may Allah be pleased with him) used to appoint and dismiss; he dismissed Shurahbil ibn Hasana from his governorship in the Levant and appointed Mu'awiya. Shurahbil asked him: "Did you dismiss me due to cowardice or betrayal?" He replied: "Because of neither, but I wanted a man stronger than a man." He also dismissed Khalid ibn al-Walid and appointed Abu Ubaydah. He would sometimes appoint some governors to both judicial and executive functions; for instance, he appointed Abu Musa to Basra for both its judgeship and its command. Then he would dismiss them, and those he did not dismiss, Uthman dismissed after him, except for a few. Therefore, dismissing a judge is more appropriate, and it differs from his dismissal upon the death of the one who appointed or dismissed him, because that entails harm, whereas in this case there is no harm, as he does not dismiss a judge until he appoints another in his place. For this reason, a governor is not dismissed by the death of the Imam, but he is dismissed by his dismissal. Abu al-Khattab also mentioned two views regarding his dismissal upon death; however, the most appropriate view, if Allah the Almighty wills, is what we have mentioned. As for if the judge's state changes due to immorality, loss of mental faculties, illness that prevents him from exercising his judicial duties, or the compromise of some of his conditions, he is dismissed by that, and it is incumbent upon the Imam to dismiss him, by a single view.

Section: The Imam has the right to appoint to the judiciary in his own land and elsewhere, because the Prophet (peace and blessings of Allah be upon him) appointed Umar ibn al-Khattab to the judiciary, and he appointed Ali and Mu'adh. Uthman ibn Affan said to Ibn Umar: "Your father used to..."