Deputation (al-Wikāla)

Deputation is not allowed in an act of worship which is related to the body, like the fasting—except in case of the obligatory Pilgrimage due to an excuse. The deputed one is not allowed to argue in an invalid disputation to prove a non-righteous right or to deny a righteous right. That one shall be considered a curiosity if he violated the purpose of the one who deputed him.

Reconciliation

If it was optional and by consent without a prior dispute, it shall reference sales and rent or it shall reference for declaring innocence. But if it was preceded by a dispute then it is to be considered reconciliation after denial, and it will not be considered valid. However, if it was accepted, it can be broken, or revoked. It may not be allowed in case of kin or the set limits of Allah, and what forbids an allowed thing or allows the forbidden thing.

Judging

There is no greater reward for the one who does it rightfully! There is no greater punishment for the one neglects in it and does it wrongfully! Therefore, all of its conditions must be existing in the person who judges. If any of its conditions are missing, the person may not be allowed to judge.

Amongst its conditions:

Perfect knowledge of the judgments and religion, as the Prophet Muhammad, peace and blessings be upon him and his progeny, said: ((Whoever judges without knowledge, even if his judgment is righteous, he shall be in Hell)). Therefore, going for the judgment (in the disputes) to the false judges is considered one of the greatest sins, and the biggest wrongs. This is because he is an enemy to Allah and refuses His Laws. Also, it is forbidden. It brings the one who does it out from light into darkness. As Allah, Exalted and glorified be He, says:{Allah is the Walî (Protector or Guardian) of those who believe. He brings them out from darkness into light. But as for those who disbelieve, their supporters are Tâghût, they bring them out from light into darkness} (Q. 2:257) and {If they had been true to Allah, it would have been better for them} (Q. 47:21).

From the conditions of the judge:

Absolute justice: This means that he performs all obligations and avoids all prohibitions. This is because he is responsible for the slaves of Allah in front of Allah; and because the imam appointed him for this role, whether the Imam is rightful or a representative. If they are not in place then having an authority is enough. He has to treat the two opponents with equality and justice in the moment of his indications and in raising of the voice. The exception is between the Muslim and the non-Muslim protected caste in the assembly. He has to listen well to the complaint so that he can understand it. Then he should answer and verify it. Then he must ask for the proof, or ask for changing the proof with a better one in case it was not clear. It is better for him to ask the opponents to make reconciliation. He should arrange the persons who are coming—who is to come first, then who comes next. The judge may not dictate one of the two opponents or his witnesses , and he must not argue with him about his case. He must not say the judgment after the fatwa. He must not judge while he is disturbed from his anger, if he was extremely hungry or extremely satiated, or in case of he was resisting urine or excrement. He must not accept the gift, or the hospitality of one of the two opponents and refuses the hospitality of the other. He must not be isolated in his judgment, which will lead him to injustice and to bribery.