publications_unodc_commentary-e

Sanity: A person whose judgment is impaired on account of old age orsickness should not act as a judge. To meet this qualification, a person’smind must be sound enough for him to be legally accountable for hisactions. He must be intelligent and able to perceive what is necessary tobe able to discriminate between things. He must not be absent-mindedand neglectful.Freedom: A judge must enjoy complete freedom.Upright character: The judge must be honest, have apparent integrity, befree from sinful and licentious behaviour, keep away from dubiousactivities, conform to social norms, and be a model of good behaviour inhis religious and worldly affairs.Capacity for independent juristic reasoning: A judge should be capableof deriving the law from its sources. He must be capable of juristicanalogy.Full sensory perception: A judge must have the ability to see, hear andspeak. A deaf person is not able to hear others when they speak. A blindperson cannot distinguish the plaintiff from the defendant by sight, northe one admitting another’s right, nor the witness from the one beingwitnessed for or against. A person who cannot speak cannot pronouncejudgement and his sign language will not be understandable to themajority of people.To ensure that a judge’s behaviour and conduct is acceptable to the public, and doesnot provide an opportunity for people to doubt his integrity or impartiality, Islamicjurists record that: 741. A judge is not allowed to engage in business. If he were to do so,it cannot be assured that he will not receive favours andpreferential treatment from some people that might, in turn,cause him to give preferential treatment to them in thecourtroom.2. A judge is not permitted to accept gifts. All forms of benefit that ajudge may receive from another person within his jurisdictionshould be treated in the same way as gifts.3. A judge should not engage in any socially unacceptablebehaviour. He should not socialize excessively with others. Thisprotects him from being affected by them, which couldcompromise his impartiality. Likewise, he should not stay away74 Ibid.155