Islam Museum Islam Museum islam.museum
Search ⌕ ARENUR
Accessibility
Text size 100%

Saved on this device only — nothing is sent anywhere.

Hakim (the judge, in fiqh usage)

الحاكم

In fiqh usage hakim is a general term covering the caliph, the governor, the judge and the arbitrator, but when used alone it refers to the judge. Appointing a judge is a communal duty (fard kifaya), and the appointment of the ruler is an obligation on the imam. A judge's authority is valid only when appointed by the imam or his deputy with permission. 1 2

Depth

At a glance

Review
Draft Completeness 0/5 · Help complete it

Law and courts

Overview

In fiqh usage hakim covers the caliph, the governor, the judge and the arbitrator, and used alone it means the judge. 1

Appointment

Appointing a judge is a communal duty, and the appointment of the ruler is an obligation on the imam. 2

Authority

A judge's authority is valid only when the imam or his deputy appoints him with permission. The detail is in the entry on judiciary. 2

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6727
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6728
Cite this page

islam.museum contributors. “Hakim (the judge, in fiqh usage)”. islam.museum, https://islam.museum/en/concept/hakim-judge/. CC BY-SA 4.0. Last updated 2026-10-23.

Improve this page on GitHub · Report an error · JSON

Wing

Ideas

Beliefs, concepts, sciences and schools, explained in plain words. Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.