موقف أبي الوليد الباجي المالكي (ت. 474 هـ) من شروط القاضي ومجلس القضاء [The Methodology Of Abū Al-Walīd Al-Bājī Al-Mālikī (D. 474 Ah) Regarding the Qualifications of The Judge and The Judicial Council]

Abstract

The problem of this research arises from the fact that, despite Abū al-Walīd al-Bājī’s prominent juristic and theological position in the Mālikī school, his studies on judicial matters, particularly regarding the qualifications of the judge and the organization of the judicial council, have not received sufficient attention in contemporary research. This raises the need to analyze his methodology and extrapolate his views in this area, while examining their connection to the principles of his school on one hand, and to the judicial context of al-Andalus on the other. The research aimed to clarify the scholarly methodology that Abū al-Walīd al-Bājī used in addressing judicial issues, focusing on his use of Mālikī and uṣūlī sources, and analyzing the conditions he stipulated for the judiciary. It further explored the foundation of these conditions in light of Mālikī legal principles and objectives, revealing whether his approach was innovative or conservative. The research also studied the organization of the judicial council in al-Bājī's vision, including its structure, procedures, and regulations, while highlighting the influence of the Andalusian context. The research compared his approach with other Mālikī scholars in the field and assessed the practical applicability of his views within the Islamic judicial reality of al-Andalus. The findings concluded that al-Bājī adopted a well-founded ijtihādī methodology that combined textual evidence and rational analysis in formulating judicial conditions and organizing the judicial council. His work demonstrated a clear focus on the Mālikī legal theory and detailed attention to the qualifications of the judge, particularly in matters of knowledge, integrity, and competence, distinguishing between agreed-upon and disputed conditions and offering sound legal reasoning. His vision of the judicial council reflected an advanced organizational understanding that went beyond theoretical aspects to provide practical insights into judicial function, attendance, and procedural regulation. The comparative analysis revealed that al-Bājī’s approach was distinctive, combining Mālikī foundations with openness to juristic reasoning suited to the Andalusian environment.