Trying to avoid being appointed as a judge
Question

                Why do many scholars, past and present, try to avoid being appointed as judges, even though they are qualified for that? Is there any text or report concerning that?.
Praise be to Allah.Firstly: 
The position of judge is a 
    noble position, which brings great virtue for the one who is able to 
    undertake that role. The Prophets (peace be upon them), some of the senior 
    Sahaabah (may Allaah be pleased with them) and some of the prominent 
    Tabi’een and others who came after them took on this role. By judging justly 
    one is enjoining what is good and forbidding what is evil, and supporting 
    those who have been wronged. 
Muhammad al-Khaadimi (may 
    Allaah have mercy on him) said: 
Knowledge of judicial 
    matters is one of the noblest and most sublime branches of knowledge, 
    because it is a high position and prophetic role. Through it blood may be 
    protected or shed; it may determine which marriages are valid and invalid; 
    it may confirm ownership or loss of wealth; and it may show which dealings 
    are permissible or forbidden, disliked or recommended. The evidence that 
    knowledge of judicial matters is not like other (branches of knowledge) is 
    the verse (interpretation of the meaning): “And (remember) Dawood (David) 
    and Sulaymaan (Solomon), when they gave judgement in the case of the field…” 
    [al-Anbiya’ 21:78]. For that reason the Messengers were sent and on the 
    foundation of justice the heavens and the earth are established. The Prophet 
     (peace and blessings of Allaah be upon him) described it as one of the 
    blessings for which envy (hasad) is permitted, as he said: “There should be 
    no envy except in two cases: a man to whom Allaah has given wealth and 
    granted him the authority to spend it in a rightful manner and a man to whom 
    Allaah has given wisdom and he judges and acts on the basis of it.” And it 
    was narrated from Ibn Mas’ood (may Allaah be pleased with him): “If I were 
    to judge for one day, that would be dearer to me than worshipping for 
    seventy years.” Hence judging justly between people is one of the best of 
    righteous deeds that brings the highest status in the Hereafter. Allaah says 
    (interpretation of the meaning): “And if you judge, judge with justice 
    between them. Verily, Allaah loves those who act justly” [al-Maa’idah 5:42]. 
    And what can be better than the love of Allaah? 
Bareeqah Mahmoodiyyah fi 
    Sharh Tareeqah Muhammadiyyah wa Sharee’ah Nabawiyyah 
    (4/2,3). 
Ibn Qudaamah (may Allaah be 
    pleased with him) said: 
There is a great deal of 
    virtue in it for the one who is able to do it properly, hence Allaah has 
    decreed reward for it even if one errs, and has forgiven him for passing a 
    wrong judgement. It is also enjoining what is good, supporting the one who 
    is wronged, giving rights to those who are entitled to them, deterring the 
    wrongdoer from doing wrong, reconciling between people, settling disputes 
    between them, and these are among the best means of drawing close to Allaah. 
     
Hence the Prophet  
    (peace and blessings of Allaah be upon him) and the other Prophets before 
    him assumed the position of judge and they judged their nations. 
The Prophet  (peace and 
    blessings of Allaah be upon him) sent ‘Ali to Yemen as a judge, and he sent 
    Mu’aadh as a judge. 
It was narrated from Ibn 
    Mas’ood that he said: To sit between two people as a judge is dearer to me 
    than worshipping for seventy years. 
Al-Mughni 
    (11/376). 
In al-Mawsoo’ah 
    al-Fiqhiyyah (33/289) it says: 
Because of its high status 
    and great virtue, Allaah has decreed reward for it even if one errs, and has 
    forgiven him for passing a wrong judgement. The Messenger of Allaah  
    (peace and blessings of Allaah be upon him) said: “If the judge rules and 
    strives his utmost to work it out and gets it right, he will have two 
    rewards, and if he rules and strives his utmost to work it out and gets it 
    wrong, he will have one reward.” (Agreed upon) He is rewarded for his 
    ijtihaad and efforts, not for his mistake. End quote. 
Secondly: 
Taking up a position as a 
    judge may be obligatory, or it may be permissible, or it may be haraam. It 
    is haraam for the one who takes up such a position when he is ignorant of 
    the rulings of sharee’ah. It is permissible for the one who can judge well 
    but there are others who can also do it. And it is obligatory for the one 
    who can judge well when there is no one else who can judge between people. 
Ibn Qudaamah (may Allaah 
    have mercy on him) said: 
People fall into three 
    categories with regard to judging: 

    1.The one for whom it is not 
    permissible to get involved with it. He is the one who is not qualified for 
    it and does not fulfil all its conditions. It was narrated that the Prophet 
     (peace and blessings of Allaah be upon him) said: “Judges are of three 
    types,” and he mentioned among them a man who judges between people on the 
    basis of ignorance, and he will be in Hell. And because the one who is not 
    qualified for it cannot be just, so he will take rights from the one who is 
    entitled to them and give them to someone else.

    2.The one for whom it is 
    permissible, but not obligatory. This is the one who is of good character 
    and is able to engage in ijtihaad, but there are others who are like him. So 
    he may take up a position as a judge based on his situation and suitability 
    for the post, but it is not obligatory for him, because he is not the only 
    one who can do it. According to one view of Ahmad, it is not recommended for 
    him to enter into it, because of the dangers and risks involved, whereas 
    there is safety in not doing it, and because of the reports which speak 
    sternly about it, and because the way of the salaf was to avoid it. ‘Uthmaan 
    (may Allaah be pleased with him) wanted to appoint Ibn ‘Umar as a judge but 
    he refused. Abu ‘Abd-Allaah ibn Haamid said: If a man is unknown and people 
    do not refer to him concerning the rulings of sharee’ah, and he is not 
    known, then it is better for him to accept this post so that the people may 
    refer to him concerning the rules of sharee’ah and the truth may be 
    established by means of his rulings and the Muslims may benefit from him. 
    But if he is famous among the people for his knowledge, and people refer to 
    him for knowledge and fatwas, then it is better for him to keep busy with 
    that, because of the benefit involved, and because it is also safe from 
    risks. Something similar was said by the companions of al-Shaafa’i. They 
    said: If he is in need, and can earn a living from working as a judge, then 
    it is better for him to do that, and it may be better than other ways of 
    earning a living because it is an act of worship and obedience.

    3.The one for whom it is 
    obligatory. This is the one who is suited to be a judge, and there is no one 
    apart from him. In this case it is an individual obligation, because it is a 
    communal obligation that no one else is able to undertake, so it becomes an 
    individual obligation for him, like washing and shrouding the deceased 
    [which becomes an individual obligation for the one who knows how to do it 
    when no one else knows that].

    There is a report narrated from Ahmad which indicates that it is not an 
    individual obligation in this case. He was asked: Is the judge sinning (by 
    refraining from judging) if there is no one else (who can judge)? He said: 
    He is not sinning.

    This may be understood according to its apparent meaning, that it is not 
    obligatory for him, because of the danger that it brings to him, so he does 
    not have to harm himself in order to benefit others. Hence Abu Qilaabah 
    refused it, although it was said to him, There is no one else. Or it may be 
    understood as referring to one who cannot do what is required because of 
    injustice on the part of the ruler and so on, because Ahmad said: The people 
    need a judge; we cannot let the people’s rights be lost? 
Al-Mughni 
    (11/376). 
Some scholars stated that 
    the issue of working as a judge is subject to the five rulings and it may be 
    either prohibited, obligatory, recommended, disliked or permissibley. 
See: Mu’een al-Hukkaam 
    fima yataraddadu bayna al-Khasmayni min al-Ahkaam by Shaykh ‘Ala al-Deen 
    al-Taraabulsi (may Allaah have mercy on him) (p. 10). 
Thirdly: 
Some of the imams warned 
    against being appointed as a judge and warned of the danger of this post. 
    For example: 
1-
It was narrated that ‘Ali 
    ibn Abi Taalib (may Allaah have mercy on him) said: If the people knew what 
    is involved in judging they would not judge concerning the price of a piece 
    of camel dung. But the people need judges and rulers, whether they are 
    righteous or immoral. 
Akhbaar al-Qudaah 
    by Abu Bakr al-Dabbi who is known as al-Wakee’ (p. 21).  
2-
It was narrated that 
    Mu’alla ibn Rawbah said: Raja’ ibn Haywah said to me: Today the ruler 
    appointed ‘Abd-Allaah ibn Mawhab as a judge. If I had a choice between being 
    carried to my grave or being appointed to that to which Ibn Mawhab has been 
    appointed, I would (choose to) be carried to my grave. I said to him: The 
    people say that you nominated him. He said: They are speaking the truth, 
    because I was thinking about the people and not thinking about him.  
Akhbaar al-Qudaah 
    (p. 23, 24). 
3-
It was narrated that 
    Mak-hool said: To go forth and have my neck struck is dearer to me than 
    being appointed as a judge. 
4-
It was narrated from Raafi’ 
    that ‘Umar ibn Hubayrah summoned him to appoint him as a judge, and he said: 
    I would not like to be appointed as a judge, even if the pillars of this 
    mosque were turned into gold for me.  
5-
al-Fudayl ibn ‘Iyaad said: 
    If a man is appointed as a judge, let him allocate one day for judging and 
    one day for weeping. 
6-
It was narrated that Ibn 
    Shubrumah said: Do not dare to assume the position of judge until you dare 
    to be exposed to the sword. 
Akhbaar al-Qudaah 
    (p. 24). 
Fourthly: 
Many of the imams sought to 
    avoid being appointed as judges, and some of them even accepted beatings and 
    imprisonment instead of being appointed, and some fled from their homelands 
    in order to avoid being appointed as judges. The reasons why these imams 
    avoided being appointed as judges may be summed up as follows: 
1-
He (the imam) thought that 
    he was not qualified to be a judge. It is well known that acting as a judge 
    requires a great deal of patience, intelligence and astuteness, and the imam 
    who turned down an appointment as a judge may have thought that he did not 
    fulfil these conditions. 
Shaykh ‘Ala al-Deen 
    al-Taraabulsi (may Allaah have mercy on him) said: 
One of the imams said: The 
    sign of the pious is that they avoid this and flee from it. A number of 
    exemplary imams endured hardship in order to keep away from this and they 
    bore it with patience. 
Look at the case of Abu 
    Haneefah (may Allaah have mercy on him) and how he refused it and bore the 
    hardship with patience until he was relieved of that, as did other imams. 
Abu Qilaabah fled to Egypt 
    when he was asked to become a judge, where he was met by Ayyoob who tried to 
    encourage him to do it by saying: If you get it right you will attain a 
    great reward. Abu Qilaabah said to him: The one who is drowning in the sea, 
    how long can he swim?  
These words of Abu Qilaabah 
    and other imams, which speak of warnings and fear, are the words of one who 
    acknowledges his own weakness and inability to fulfil the necessary 
    conditions. The same applies to one who thinks he is qualified to act as a 
    judge but other people do not think he is qualified for that. 
One of the scholars said: 
    There is nothing good in a person who thinks that he is qualified for 
    something for which the people do not think he is qualified. 
What is meant by the people 
    here is the scholars. It is obligatory for such a person to avoid being 
    appointed as a judge, and seeking to protect himself is essential. 
Mu’een al-Hukkaam fima 
    yataraddadu bayna al-Khasmayni min al-Ahkaam by 
    Shaykh ‘Ala al-Deen al-Taraabulsi (may Allaah have mercy on him) (p. 9) 
2-
He thought that it was not 
    obligatory or mustahabb for him. Indeed, a comment by Imam Ahmad may be 
    understood as meaning that it is not obligatory for him even if it becomes 
    unavoidable for him and there is no one else [who is qualified for it]. 
3-
There is the danger of 
    passing an incorrect judgement and the scholars fear being appointed as a 
    judge because of that. 
Ibn Qudaamah (may Allaah 
    have mercy on him) said: 
In acting as a judge there 
    is grave danger and a huge burden for the one who does not do it properly. 
    Hence the salaf (may Allaah have mercy on them) would refuse it 
    emphatically, fearing its dangers. 
Al-Mughni 
    (11/376) 
In al-Mawsoo’ah 
    al-Fiqhiyyah (33/289, 290) it says: 
Many of the righteous salaf 
    avoided being appointed as judges and refused it emphatically, even if they 
    were harmed as a result, because they feared its grave danger, as is 
    indicated in many ahaadeeth, in which a stern warning is issued to the one 
    who is appointed as a judge and does not do the job properly, such as the 
    hadeeth, “Allaah is with the judge so long as he is not unjust, but once he 
    becomes unjust He forsakes him and the shaytaan stays with him” [narrated by 
    al-Tirmidhi and Ibn Majaah; classed as hasan by al-Albaani] and “Whoever is 
    appointed as a judge or is made a judge has been slaughtered without a 
    knife” [narrated by Abu Dawood, al-Tirmidhi and Ibn Majaah; classed as 
    saheeh by al-Albaani] and “Judges are of three types, two of whom will be in 
    Hell and one in Paradise: a man who judges unjustly and knowingly, who will 
    be in Hell; a judge who has no knowledge and destroys people’s rights, who 
    will be in Hell; and a judge who judges in accordance with the truth, who 
    will be in Paradise” [Narrated by al-Tirmidhi (3/604) and al-Haakim (904) from the hadeeth of Buraydah; this version was narrated by al-Tirmidhi and classed as saheeh by al-Haakim, and al-Dhahabi agreed with him.]. End quote. 
4-
Not being able to put up 
    with the trials of judging. 
Shaykh Abu’l-Hasan 
    al-Nabaahi (may Allaah have mercy on him) said:
Because of the trials 
    involved in being a judge, many virtuous people fled from it and avoided it 
    until they were no longer asked to do it, and others were imprisoned for 
    their refusal, such as Abu Haneefah, whose name was al-Nu’maan ibn Thaabit. 
    ‘Umar ibn Hubayrah summoned him to become a judge, but he refused, so he 
    imprisoned him and had him beaten for several days, ten lashes every day, 
    but he persisted in refusing it, until he let him off.  
Tareekh Qudaat 
    al-Andalus (p. 7) 
5-
They were preoccupied with 
    things that were more important, such as travelling in pursuit of knowledge, 
    or teaching people. 
Finally, although the four 
    imams refused to be appointed as judges – as was narrated from them – the 
    noble Prophets (peace be upon them) and the four Rightly-Guided Caliphs did 
    take on this task, but those who want to err on the side of caution may do 
    so.  
In al-Mawsoo’ah 
    al-Fiqhiyyah (33/290) it says: 
After the time of the 
    Prophet  (peace and blessings of Allaah be upon him) the Rightly-Guided 
    Caliphs also acted as judges; they were the leaders of the Muslims, and they 
    judged between people on the basis of truth and their involvement in it is 
    indicative of the high status of this post and the great reward that may be 
    attained thereby, because they are example for the Muslims to follow, and 
    after them many prominent Muslims and senior Taabi’een also took on this 
    role. 
The fact that some of the 
    scholars refused to become involved in it, despite the fact that they were 
    virtuous, qualified for the post and pious, may be understood as taking 
    extreme precautions in order to protect themselves and erring on the side of 
    caution. Perhaps they thought that they were lacking in some way or they 
    were afraid that it would distract them from acquiring more knowledge. End 
    quote. 
And Allaah knows best.