Machine summary:
In early Islam Judges apparently were appointed by the Caliphs, The le leer of 'Omar to the Qadis and officers admits of such 8.
" In the :Jrd/9th century, things having changed, the governors are said to have waited upon the Qadis5, until the year 321/941 when Qacli Hnrbawaihi, being too proud to rise to receive them, the Governors dropped the practice.
" They reported fearful denunciations of the Prophet even against a righteous judge5• A man whom the Caliph 'Omar I, desired to appoint Qadi in Egypt rejected the suggestion on the ground that ' God had not rescued us from heathenism and its evil ways to go back to them6.
" The Qadi Ibn al-Hujairah, appointed in Egypt in 70/689, got an annual salary of 200 dinars (about 2,000 marks).
When Tahir-noted for his generosity-came to Egypt and appointed a Qadi--he allowed him seven dinars a clay (70 marks)-" which is the judge's pay to-day.
The Malikite chief judge of Baghdad, appointed in 303/915, made the following conditions on taking office : That he would accept no salary; that he would not be compelled to pass an illegal ord er ; that he would, in no way, be approached on behalf of any onc.
About 320/932 the chief judge heard cases at his housc9 and in Egypt now at the 1nosque and now at his house; A Qadi (cl.
" An official list of th~se witnesses was drawn up at the instance of the Qadi appointed in 185/801 ; a practice which has continued up to the present day.