Dismissal from office and withdrawal (azl)

العَزْل

In the lexicon, azl means removal or setting aside, as in removing someone from a post ¹. The supreme imamate is established by the allegiance of those who bind and loose and lasts while its conditions last. Most jurists allow the imam to resign, while one view forbids it ¹. A minister may not dismiss himself, but the imam may dismiss the minister he appointed ¹. A judge may resign; the death of the imam who appointed him does not end his office according to the jurists; and the jurists differ on whether the imam may dismiss him, in three views ² ³. A judge loses office on losing a condition such as sanity, speech, hearing or sight, and some schools also count apostasy and wrongdoing; the dismissal does not take effect until word of it reaches him, according to the majority ⁴ ⁵ ⁶ ⁷. Dismissal of an agent, guardian, partner in a profit-sharing contract, surety and administrator of an endowment is treated in turn ⁷ ⁸ ⁹. The entry also treats, under the same heading, withdrawal from a wife or slave-woman: the majority permit it, the wife's consent is disputed, and the jurists list excuses that make it lawful ⁹ ¹⁰.

Summary

In the lexicon, azl means removing someone or setting him aside from a post ¹.

Dismissal of the imam and the minister

The supreme imamate is established by the allegiance of those who bind and loose, and it lasts while its conditions last ¹. Most jurists allow the imam to resign, while one view forbids it ¹. A minister may not dismiss himself, but the imam may dismiss the minister he appointed ¹.

Dismissal of the judge

A judge may resign from his office ². According to the jurists, his office does not end at the death of the imam who appointed him ². On whether the imam may dismiss him, the jurists give three views: that he may dismiss him absolutely, that he may do so only for reasons, and that he may not do so at all ³.

Grounds on which a judge loses office

A judge loses office when a condition of fitness is lost, such as madness, fainting, blindness, deafness, muteness, apostasy or wrongdoing, and the schools differ in the detail ⁴ ⁵ ¹¹. According to the majority, a dismissal takes no effect until the judge knows of it ⁶ ⁷.

Dismissal of agents, guardians and others

The dismissal of an agent, guardian, partner in a profit-sharing contract, surety and administrator of an endowment is treated under each contract ⁷ ⁸ ⁹.

Withdrawal from a wife or slave-woman

Withdrawal (azl), meaning withdrawing before ejaculation, is permitted by the majority with a slave-woman. For a free wife the jurists differ: some permit it absolutely, others require her consent, and they list excuses that make it lawful ⁹ ¹⁰.

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11579

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11580

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11581

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11582

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11583

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11585

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11586

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11587

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11588

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11589

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11584

Dismissal from office and withdrawal (azl)

At a glance

Summary

Dismissal of the imam and the minister

Dismissal of the judge

Grounds on which a judge loses office

Dismissal of agents, guardians and others

Withdrawal from a wife or slave-woman

Connections

People and things also explored

Sources

Ideas

Malik ibn Anas