Qadi facts for kids

Kids Encyclopedia Facts

A Qadi (pronounced KAH-dee) is like a judge in a special court that uses Islamic law, called Sharia. Qadis don't just decide legal cases; they also help with other important things. For example, they might help settle disagreements, look after children who don't have parents, or check on public projects.

History of Qadis

Abū Zayd speaks to the Qadi of Ma'arra in this old painting from 1334.

The word Qadi has been used since the time of Muhammad, who founded Islam. It was always the name for judges throughout Islamic history. While other scholars helped explain Islamic law, the Qadi was the main person who made sure justice was served based on these laws.

Qadis were chosen from people who knew a lot about law. During the Abbasid Caliphate, a special role was created called "chief Qadi" (qāḍī al-quḍāh). This person advised the ruler on who should be appointed as a Qadi. Later, this chief Qadi could even appoint and remove Qadis themselves. Some rulers even appointed four chief Qadis, one for each main school of Islamic law.

The office of Qadi was very important in all Muslim empires. Rulers would appoint a Qadi in every area, town, and village. This helped them keep control and ensure peace and justice.

Even though a Qadi's main job was to be a judge, they also had other duties. These included managing religious charities, confirming new rulers, making sure wills were followed, and looking after orphans. They also helped make sure people followed public moral rules.

What Qadis Do

A Qadi is a judge who applies Islamic law. This role started when early Islamic governors needed help solving problems among Muslims. At first, there wasn't a complete set of Islamic laws. So, the first Qadis used local customs, laws from conquered lands, ideas from the Qurʾān, and their own sense of fairness.

Later, Muslim legal scholars created a more complete system of Islamic law. After this, Qadis were expected to follow only this new Islamic law. This is how the role has worked ever since.

A Qadi gets their power from a higher authority, like the ruler. This means that the ruler had both judicial (judging) and executive (leading) power. However, the Qadi had some freedom because the law they used was not made by the ruler. The ruler's job was to make sure the Qadi's decisions were followed.

Qadi vs. Mufti

A Mufti is another important person in Islamic law, similar to a Qadi. Muftis are legal experts who give official legal opinions, called fatwas. Historically, Muftis were often seen as having a higher rank than Qadis.

In the 1800s, new court systems were introduced in some places, but the original Islamic courts still existed. Over time, the Islamic justice system became more organized. Qadis were appointed by the government, and their decisions were often checked by Muftis. If a local Qadi and Mufti disagreed, the case could go to the Grand Mufti, who was the highest legal authority.

Later, a system of appeals was created. People could appeal decisions from local Qadis to higher Islamic courts. Judges were also told to ask Muftis for advice if a case wasn't clear. If the problem still wasn't solved, the case would go to the Grand Mufti, whose decision was final for the Qadi.

Who Can Be a Qadi?

A Qadi can be a male or female adult. They must be free, Muslim, mentally sound, and educated in Islamic studies. Their decisions must strictly follow Islamic law, without using their own personal opinions.

In a trial, the person making the complaint (the plaintiff) must bring proof against the other person (the defendant). There are no appeals to a Qadi's judgment. A Qadi must hold court in a public place, like the main mosque, or in their own home where people can easily visit.

Qadis had authority over an area about a day's walk across. A trial usually needed both the plaintiff and defendant to be present. If they lived in different areas, the Qadi could write to the Qadi in the other area to share the evidence. The second Qadi would then call the defendant and make a decision. Qadis kept records of their cases and passed them on to the next Qadi.

Qadis are not allowed to accept gifts from people involved in trials. They also need to be careful about being involved in business.

The law sets out what qualities a Qadi must have. All experts agree that a Qadi must be free, sane, an adult, trustworthy, and Muslim. Some also say they must be very knowledgeable in law, while others think it's just preferred. If a Qadi isn't an expert, they should ask others for advice before making a decision. However, the final decision always rests with the single Qadi.

What Qadis Judge

A Qadi's authority generally covers cases related to Islamic law. This law is mainly for Muslims. The internal matters of non-Muslim communities living in an Islamic state were usually handled by their own communities. Islamic law only applied to non-Muslims when they dealt with Muslims or the Islamic state.

In practice, a Qadi's power was sometimes limited by other types of courts:

The maẓālim court was led by the ruler or governor. It heard complaints from almost anyone. Since a Qadi's decision was final, the maẓālim court could act like an appeals court if someone felt a Qadi's decision was unfair. The maẓālim judge didn't have to follow strict Islamic law and could make decisions based on fairness. This court also handled complaints against government officials.
The shurṭah was the police force responsible for criminal justice. They handled criminal cases, which were often taken out of the Qadi's hands. The shurṭah developed its own punishments and procedures.

So, Qadis mainly dealt with cases about inheritance, personal status (like marriage), property, and business deals. A Qadi's specific duties could also be limited by the person who appointed them.

Qadis could also give their judicial powers to others, and there was no real limit to this chain of delegation. All people in this chain, except the ruler, were called Qadis. A Qadi's appointment was usually done with a written certificate and could be canceled at any time.

Jewish Use of Qadi Courts

Sometimes, Jewish people living in the Ottoman Empire used Qadi courts to solve their disagreements. Under the Ottoman system, Jews could usually run their own courts and use their own religious laws. However, they sometimes chose to go to Qadi courts.

Jews who wanted to bring cases against Muslims had to do so in Qadi courts. They often found these courts to be fair. However, the legal status of Jews and Muslims was different. For example, Jewish testimony might be weighed differently in certain situations.

Qadis in Sri Lanka

In Sri Lanka, a special commission can appoint any good male Muslim to be a Quazi (Qadi). A Quazi doesn't have a permanent courthouse. They can hear cases anywhere and anytime they choose. Most Quazis there are not trained lawyers.

There is also a Board of Quazis, made up of five male Muslims. This board hears appeals from the decisions of the Quazis. It can take a few years for an appeal to be decided by the Board of Quazis.

Muslim Female Judges

Women as Judges After Colonialism

After many Muslim countries gained independence from European rule, there was a shortage of educated people in law and government. European colonizers had often prevented local people from getting legal education. So, there weren't enough lawyers and judges. This led to a need for women to fill these roles. In the 1950s and 1960s, women started being appointed as judges. Indonesia, for example, has the most female judges in the Muslim world.

In some countries, like Egypt, more men had opportunities to study law. This might have delayed women becoming judges there. A similar situation happened in Europe and America after World War II, when a shortage of judges led to more women entering legal professions.

Female Judges Today in Muslim Countries

While the role of Qadi was traditionally for men, women now serve as Qadis in many countries. These include Egypt, Israel, Jordan, Malaysia, Palestine, Tunisia, Sudan, and the United Arab Emirates. In 2009, two women became Qadis in the West Bank. In 2010, Malaysia also appointed two women as Qadis, but they could only handle cases about child custody, alimony, and shared property, not criminal or divorce cases. Indonesia has nearly 100 female Qadis. In 2017, Hana Khatib became the first female Qadi in Israel.

In Morocco, research showed that female judges were more understanding of women's needs in alimony cases.

Disagreement Among Scholars

There is some disagreement among Islamic scholars about whether women can be Qadis. Many modern Muslim countries have both religious and secular courts. Secular courts usually don't have a problem with female judges. However, religious courts might limit what types of cases female judges can handle, often focusing on family and marriage law.

Qadis Around the World

Indian Subcontinent

Islamic rulers in the Indian subcontinent also used the Qadi system. The Qadi was in charge of administrative, judicial, and financial control over an area or town. They also kept all civil records and sometimes had a small army to enforce their decisions.

Often, the Qadi's position and title would be passed down to their son or a close relative. Over centuries, this became a family tradition, with power staying within certain families in a region. Today, you can find many Qazi families in places like Pakistan (especially Sindh) and India, who are descendants of famous Qadi ancestors.

Matinik Island

On Martinique Island, the grand Qadi manages mosque projects and acts as a social mediator, helping with Muslim justice.

Mayotte Governorship

On the island of Mayotte, the title Qadi was used for Umar, who governed it from 1835 to 1836 after it was conquered by the Sultanate of Ndzuwani.

Songhai Empire

In the Songhai Empire, criminal justice was based on Islamic principles. Local Qadis were responsible for keeping order by following Sharia law. Qadis worked in important trading towns like Timbuktu. The king appointed the Qadi, who handled common crimes and could also grant pardons.

Spanish Derivation

The Spanish word Alcalde, which means "mayor" of a town, comes from the Arabic word al-qaḍi (the judge). In Al-Andalus (Islamic Spain), one Qadi was appointed to each province. Other officials handled issues outside of Islamic law or managed town affairs.

This term was later adopted in Portugal, Leon, and Castile. At first, alcaldes were assistant judges elected by property owners. Eventually, the term was used for many roles that combined administrative and judicial duties. This shows how much Muslim society influenced Christian society in the Iberian Peninsula during the Reconquista.

Ottoman Empire

In the Ottoman Empire, Qadis were appointed by the ruler. Over time, secular courts replaced some of their roles, but Qadis used to have many responsibilities. They were in charge of city services, with help from other officials like the police chief.

The role of the Qadi changed as the Ottoman Empire modernized in the 19th century. Efforts were made to combine the existing Islamic legal system with French-influenced secular laws. However, Qadis often still made rulings in areas like civil law based on Islamic principles.

A Kadiluk was an administrative area ruled by a Qadi, smaller than a province.

How Qadis Became More Widespread

As the Islamic Empire grew, its legal system became more complex. It had to deal with many non-Muslims. The Islamic legal system adapted to this, and non-Muslim communities often had their own legal systems. Jewish, Armenian, and Christian traders found that the legal systems in Islamic and Western regions were quite similar, which helped their trade.

Images for kids

Abū Zayd pleads before the qāḍī of Ma'arra (1334), unknown painter, Austrian National Library

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