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Question:Is it permissible for someone who does not possess the qualification of ijtihad (independent juristic reasoning) to assume the position of a judge, even if he rules according to the fatwa of a qualified Marja‘ (religious Authority)? And would his ruling be binding upon the disputing parties whose marja‘ he does not know?
Answer:In the name of Allah, in my view, it is not permissible for a non-mujtahid to assume judicial authority. However, it is permissible for him to act as an arbitration judge, meaning that if both disputing parties agree to appoint a specific person to rule between them, his judgment is valid by their mutual consent. Allah is the All-Knowing and the Guide.
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