qadi

qadi, a Muslim judge who renders decisions according to the Sharīʿah (Islamic law). The qadi’s jurisdiction theoretically includes civil as well as criminal matters. In modern states, however, qadis generally hear only cases related to personal status and religious custom, such as those involving inheritance, pious bequests (waqf), marriage, and divorce. Originally, the qadi’s work was restricted to nonadministrative tasks—arbitrating disputes and rendering judgments in matters brought before him. Eventually, however, he assumed the management of pious bequests; the guardianship of property for orphans, people with cognitive disabilities, and others incapable of overseeing their own interests; and the control of marriages for women without guardians. The qadi’s decision in all such matters was theoretically final, although in practice premodern Muslim polities developed mechanisms for reviewing the qadi’s verdicts.

Because the qadi performed an essential function in early Muslim society, requirements for the post were carefully stipulated: he must be an adult Muslim male of good character, possessing sound knowledge of the Sharīʿah, and a free man. In the 7th and 8th centuries the qadi was expected to be capable of deriving the specific rules of law from their sources in the Qurʾān, Hadith (traditions of the Prophet), and ijmāʿ (consensus of the community). Although this ideal was maintained in theory, in practice Muslim states began to appoint qadis on the condition that they issue judgments according to a specific school of law in order to guarantee predictability in the judiciary.

The second caliph, ʿUmar I, is said to have been the first to appoint a qadi to eliminate the necessity of his personally judging every dispute that arose in the community. Thereafter it was considered a religious duty for authorities to provide for the administration of justice through the appointment of qadis.