Where there is no such fixed penalty or judgment...

Where there is no such fixed penalty or judgment, then he equally must adopt his personal discretion in ways that best ensure a completely fair and equitable dispensation of justice. Amir al-Muminin has been declared the best judge by Allah and His Messenger. Apparently, he is the one, within Islam, with the best knowledge and practice in justice dispensation.

Most importantly, he is the fairest and the most equitable among us all – including the Sahabah - in the application of Allah’s Fixed Verdicts and in the just administration of personal discretion. The most crucial part of this discourse, probably, is stated in this verse: يا داوود إنا جعلناك خليفة في الأرض فاحكم بين الناس بالحق O Dawud! We have appointed you a khalifah over the earth.

Therefore, judge between mankind with the truth.[^7] First and foremost, it is clear from this verse that justice dispensation is the job of the khalifah , to the exclusion of all others. He is the judge of “mankind”. Every single other human beings comes under his juridical authority. Of course, he might appoint subordinate judges to assist him, under his close supervision. However, the job belongs to him alone.

Therefore, whoever is the most qualified to be judge is also the most qualified for the khilafah ! Besides, the competent judge is he who is able to discern the truth, and who judges with the truth. Judgment with the truth involves the objective application of Allah’s Fixed Verdicts over relevant issues, as well as the selfless administration of personal discretion in deserving cases. The judge therefore must be very intelligent and completely truthful.

Application of personal discretion to reach true justice requires an extremely high level of intelligence, selflessness, sincerity and honesty. An unintelligent person cannot be expected to skillfully detect the truth from a clog of complex arguments and proofs before him. Moreover, a corrupt or self-serving fellow cannot be expected to judge others with the truth, or to apply his personal discretion fairly.

With these facts in mind, one can then safely conclude and proclaim that Amir al-Muminin - being the best judge in this Ummah - was the most qualified for the khilafah immediately after the Prophet. In addition, he is the most truthful, the most intelligent, the most selfless, the most sincere, the most honest, and the best in recognizing and applying the truth in this Ummah after the Messenger.