regarding the close land, there are two views. The associates of Abu Hanifa said: It is established through notoriety (istifadah), and they did not differentiate between the close and the distant [lands], because the Prophet (peace and blessings of Allah be upon him) appointed Ali and Mu'adh to judge in Yemen, which is a distant land, without making them witnesses (44), and he appointed governors in distant lands (45) and delegated to them authority and the judiciary without making them witnesses. Likewise, his successors did not pass down (46) the act of making witnesses to the appointment of a judge, despite the distance of their lands. Our view is that the judiciary is not established except by one of two things, and notoriety has become impossible in the distant land due to it not reaching there, so making witnesses is designated. We do not concede that the Prophet (peace and blessings of Allah be upon him) did not make witnesses to his appointment; for it is apparent that he would not send a governor except with a group, and the apparent [situation] is that he made them witnesses, and the lack of transmission of this does not necessitate that it was not done. The evidence for it has been established, thus its existence is necessary.

1864 - Issue: Abu al-Qasim, may Allah have mercy on him, said: (A judge shall not be appointed until he is an adult, rational (1), Muslim, free, just, knowledgeable, a jurist, and pious.)

Its summary is that three conditions are required for a judge. The first is perfection, which is of two types: perfection of judgments and perfection of creation. As for the perfection of judgments, it is considered in four things: that he be an adult, rational, free, and male. It was narrated from Ibn Jarir that masculinity is not required, because it is permissible for a woman to be a legal consultant (mufti), so it is permissible for her to be a judge. Abu Hanifa said: It is permissible for her to be a judge in matters other than prescribed punishments (hudud), because it is permissible for her to be a witness in them (2). Our view is the saying of the Prophet (peace and blessings of Allah be upon him): "A people who entrust their affairs to a woman will never succeed" (3). Furthermore, a judge attends gatherings of litigants and men, and it requires perfection of judgment, complete rationality, and discernment, while a woman is deficient in reason and limited in judgment; she is not