The Institutions of State in the Khilafah by Hizb ut-Tahrir

Al-Hafiz mentioned in Al-Fath: provision (rizq) is that which the imam appoints from bait al-mal to whoever discharges Muslims interests. Judiciary is one of the tasks which is allowed to obligate provision to it from bait ul-mal, which is a function the State employed them for of the interests of Muslims. Anyone who is employed to undertake in accordance with the shara any work relating to the interests of the Muslims, is entitled to a wage, whether this work was worship or otherwise. The evidence to this is that Allah (S.W.T) assigned a share to those who collect the sadaqah. .

So He (S.W.T) says: .

"And those who collect them." [TMQ 9:60].

Abu Dawud, Ibn Khuzaymah in his Sahih as well as Al-Bayhaqi and Al-Hakim, declare sound on the conditions of the two sheikhs, and agreed by Al- Dhahabi, a narration from Buraydah that the Messenger of Allah ( PBUH) said: .

"Any employee we used and assigned to him provision, any provision he takes more than that is deception (ghulul)." [Abu Dawud, Sunan, #2943]. .

Al-Mawardi said in Al-Hawi: "Judiciary is allowed to take provision for it from bait ul-mal, because Allah (S.W.T) has assigned to the collectors of Sadaqah a share from it. ‘Umar has also appointed Shurayh and assigned to him provision made of one hundred dirham monthly. When Khilafah reached Ali he assigned to him five hundred dirham every month, additionally Zayd ibn Thabit took a wage for judiciary". Al-Bukhari commented on this saying: .

"Shurayh used to take a wage over judiciary". Al-Hafiz said commenting on this comment: "As regarding the report of Shurayh, Sa’id ibn Mansur told us that Sufyan informed us from Mujahid from Ash-Sha'bi, he said, “Masruq did not use to take a wage on judiciary, and Shurayh used to take." Al-hafiz mentioned in Al-Fath: "Ibn al-Mundir mentioned that Zayd ibn Thabit used to take a wage on Judiciary". Ibn Sa'd narrated from Nafi', he said: "‘Umar ibn Al-Khattab employed Zayd ibn Thabit on judiciary and he assigned provision to him." The Sahabah made ijmaa', as well as those that came after them on the permissibility of taking provision for judiciary. Al-Hafiz said in Al-Fath: "Abu Ali Al-Karabisi said,”It is not wrong that the judge takes provision for making judiciary as conceived by all the scholars, including the Sahabah and those that followed them. This is the opinion of the jurists of the various provinces, without knowing a difference between them. Masruq however disliked that, but no one prohibited it." Ibn Qudamah mentioned in Al-Mughni, "‘Umar wrote to Muadh ibn Jabal and Abu Ubaydah when he sent them to Al-Sham, to find out some good people amongst them and use them on judiciary, he said, “do your utmost for them, provide for them and satisfy them with the wealth of Allah."