Great Qadi
Great Qadi is a religious and secular position established during Abbasid Caliphate, specifically under the caliphate of Harun al-Rashid. The position emerged from the necessity to establish a clear separation between the Judiciary and executive authorities, particularly following the flourishing of the Islamic state, the diversification of its institutions, and the expansion of its territories. This expansion rendered it imperative that each individual in the state have an administrative position that was distinct from those held by others, to ensure the effective fulfillment of their duties.
Great Qadi in Islamic history was appointed by the Abbasid Caliph Harun al-Rashid, who bestowed the position upon Imam Abu Yusuf. Abu Yusuf is regarded as the inaugural figure to establish the judiciary with a degree of autonomy from the executive authority. He established the distinctive attire for judges, delineated the responsibilities of great qadi in Baghdad, and reinforced the judicial principles espoused by his mentor, Imam Abu Hanifa al-Nu'man.
At the outset, the position of great qadi was held by a single individual in Baghdad. However, with the ascendance of the Fatimid Caliphate in Egypt, a second great qadi was appointed in Cairo, adhering to the Ismaili Shia doctrine. During Mamluk Sultanate, a great qadi was designated for each of the four schools of madhhab.
The appointment of a great qadi was marked by a formal ceremony where the caliph's decree was read aloud, after which the Great Qadi would exercise their judicial authority. The authority of the Great Qadi was frequently extended to encompass a range of non-judicial responsibilities, including the leadership of the Hajj, the delivery of sermons, the supervision of mosques, the provision of religious instruction, the management of the treasury, the guidance of religious scholars, and the oversight of city walls, among numerous other duties. This illustrates the considerable status of the Great Qadi in cities such as Baghdad, Cairo, Damascus, and Córdoba.
Judiciary before the creation of the position of Great Qadi
Before the advent of Islam, the tribal sheikh fulfilled the role of judge among the Arabs, basing their decisions on the customs and traditions prevailing within the tribes. These individuals did not possess legislative authority to enact laws. One of the most renowned judges of the period was Aktham ibn Saifi al-Tamimi, known as the "Judge of the Arabs". With the unification of the Arab tribes under the banner of Islam, the Quran became the primary source of law, thereby establishing the Prophet Muhammad as the first judge of Islam. The Prophet authorized certain companions to act as judges, delegating them to different regions. For example, 'Attab ibn Asid was sent to Mecca on the day of its conquest, while Muadh ibn Jabal and Ali ibn Abi Talib were sent to Yemen. However, these individuals were not formally designated as judges.This practice continued during the caliphate of Abu Bakr al-Siddiq, who retained responsibility for the administration of justice, although Umar ibn al-Khattab was entrusted with the management of judicial affairs. Nevertheless, the office of the judge did not emerge as a distinct entity until the caliphate of Umar ibn al-Khattab, who initiated the formalization of the judiciary following the expansion of the Islamic state. He was the first to appoint judges in Islam, establishing the judiciary as an official function and conferring the title of "judge" upon the individuals responsible for its administration.
Umar appointed Abu al-Darda to the judiciary in Medina and subsequently in Damascus, Salman ibn Rabi'a in Al-Qādisiyyah and subsequently in Al-Mada'in, Abu Umayyah Shurayh ibn al-Harith in Kufa, Abu Musa al-Ash'ari in Basra, and Ka'b ibn Yasar ibn Danna, followed by Qays ibn al-As, in Egypt. Therefore, the judicial system remained relatively uncomplicated during the era of Rashidun Caliphate.
Umayyad Caliphate constituted an extension of the period of the Rashidun Caliphate in the selection of judges, who relied on the Quran, the Sunnah, and independent reasoning to adjudicate among Muslims. The Caliph Abd al-Malik ibn Marwan established the office of the "Sahib al-Mazalim" to address complex disputes that were beyond the capacity of the regular judge to resolve.
In the eras of the Rashidun Caliphate and the Umayyads, governors initially exercised judicial authority on behalf of the caliph. Matters that the judge found difficult to resolve were retained within the purview of the governor's authority. If a governor did not accept a judge's ruling, the judge was compelled to either resign from the position or withdraw to his home, thereby placing himself in a state of uncertainty.
The judge fulfilled the role of an arbitrator, whose function was to resolve disputes and bring about the cessation of conflicts. This was achieved by the settlement of differences between parties by Islamic law and the presentation of legitimate evidence. However, the judge was not empowered to enforce judgments. Instead, he was tasked with overseeing all matters that impacted the community's life, such as marriage, divorce, guardianship of orphans, inheritance, and more, all of which were governed by Sharia. The "Sahib al-Shurta" was responsible for executing the judge's decisions and bringing criminals before him.
Origin of the position of Great Qadi
During the Abbasid era, the judicial system became more complex due to the intricate social life within the Islamic state, especially in the capital, Baghdad, which witnessed new developments in social, cultural, intellectual, and economic life. This period was characterized by the flourishing of translation, Arabisation, and the transfer of knowledge from Greek, Syriac, Hindi, and Persian sources into Arabic. A multitude of ethnicities were integrated into the Islamic melting pot, which exhibited an Arab character, resulting in a rich tapestry of opinions, perspectives, and approaches to various aspects of life.During this period, the principal Islamic schools of thought were fully codified. The six major schools of Islamic jurisprudence are Hanafi, Ja'fari, Maliki, Shafi'i, Zaydi, and Hanbali. Each of these schools addressed and dealt with various matters in a manner that was somewhat distinct from the others. Consequently, the role of the judge necessitated a comprehensive grasp of Islamic law and its intricate nuances, as elucidated by the various schools of thought.
As the demand for judges increased, it became increasingly challenging to identify a sufficient number of individuals with comprehensive knowledge of jurisprudence and Islamic law. Consequently, the selection of judges began to prioritize integrity and sound judgment. To ensure their understanding of jurisprudence, judges could appoint knowledgeable advisors or delay their ruling until they received a well-reasoned opinion from a scholar or experienced judge.
It can be seen that the role of the Great Qadi was born from the position of judge, which served as the foundation for this new role. It was customary for the caliph to appoint the Great Qadi from among the judges. The office of the Great Qadi was first established by Caliph Harun al-Rashid, marking the advent of this new administrative role within the Abbasid state. The Abbasids, from the caliphate of Abu Ja'far al-Mansur onwards, sought to reinforce the separation of judicial and executive authority by reinforcing the independence of the judiciary and the religious authorities within the state. They drew heavily on Persian administrative systems, including Sassanian judicial position of "Mobedan Mobed," which was Arabised to "Qadi al-Qudat" or "Great Qadi," a position regarded as the highest in religious rank and authority.
The inaugural holder of this office was Imam Abu Yusuf Ya'qub ibn Habib al-Ansari, a disciple of Imam Abu Hanifa al-Nu'man. Abu Yusuf was able to establish a position of judicial independence and became the head of all judges, with Baghdad, the capital of the caliphate, becoming the seat of the Great Qadi. The circumstances surrounding Abu Yusuf's appointment are unclear. However, it is documented that following the death of his teacher, Abu Hanifa, he proceeded to Baghdad. He was summoned before one of the caliph's commanders to provide a legal opinion regarding an alleged violation of oath. He ruled that no violation had occurred, and in recognition of this, he was rewarded with Dinars and a house nearby. Subsequently, Harun al-Rashid sought counsel from a jurist after observing his son engaging fornication. The commander then introduced him to Abu Yusuf, who was asked whether the ruler could punish a man for adultery based solely on his testimony. Abu Yusuf advised that punishments could not be carried out solely on the testimony of the ruler. In the case of witnessing an act of adultery, the penalty should not be imposed unless there is corroborating evidence, such as testimony from four male witnesses or a confession by the perpetrator. As the son did not confess and there was no proof of adultery from four male witnesses, the penalty was not applicable. Harun al-Rashid was pleased with Abu Yusuf's verdict and rewarded him generously, granting him a monthly stipend as a scholar and consulting him on religious matters. Eventually, Harun al-Rashid appointed him as the Great Qadi, finding no scholar wiser or more knowledgeable.
Abu Yusuf thus assumed comprehensive authority over all judicial matters within the state, assuming the responsibility of appointing and supervising judges, and dismissing them when necessary. He was referred to as the "Great Qadi of the World" due to his role in appointing judges in all regions under the caliph's rule. The attire for judges and scholars, known as the Persian turban, was introduced by Abu Yusuf, who created a special outfit for judges consisting of a black turban and cloak, thus distinguishing them from the common dress of the time.
From the time of Abu Yusuf's appointment as the inaugural Great Qadi of Islam, the Abbasid era judiciary began to assume the form of an authority led by the Great Qadi, with a hierarchy of judicial roles to facilitate justice across the vast state. The expansion of the state gave rise to the establishment of the office of the Great Qadi, which was followed by the appointment of judges, their deputies, and assistants, as well as the appointment of reliable witnesses and a supervisor stationed at the judges' doors. The hierarchical organization was designed to streamline the judicial system, which had evolved into an institution where a candidate could progress from judge's deputy to judge, and finally to Great Qadi, the highest judicial position in the state.
During the Abbasid period, the role of Great Qadi was held by a single individual in Baghdad. However, as the state expanded significantly, the provincial capitals, which became centers of independent emirates and states, also appointed their own Great Qadis, like that observed in Baghdad. To illustrate, Cairo had a Great Qadi during the Fatimid and Ayyubid dynasties. The circumstances of Mamluk Sultanate necessitated the appointment of a Great Qadi for each of the four Sunni schools of jurisprudence in cities such as Cairo and Damascus. Similarly, in al-Andalus and Morocco, there were also Great Qadis appointed for the four Sunni schools of jurisprudence.