The Book of the Judiciary

Correspondence of Judges

حُكْمِ كِتاَبِ اْلقاَضِيْ

Glossary

Correspondence of Judges

Judging against an absentee is permissible if the claimant has proof. ¹⁷²³
When judgment is passed against an absentee, and the judge writes to the judge in the town where the absentee resides (to inform him of this judgment), he (the second judge) must accept it and enforce it upon the person against whom the judgment was passed.

يَجُوْزُ اْلحُكْمُ عَلىٰ اْلغَائِبِ، إِذاَ كَانَتْ لِلْمُدَّعِيْ بَيِّنَةٌ.
وَمَتَى حَكَمَ عَلىٰ غَائِبٍ، ثُمَّ كَتَبَ بِحُكْمِهِ إِلىٰ قَاضِيْ بَلَدِ اْلغَائِبِ، لَزِمَهُ قَبُوْلُهُ، وَأَخَذَ الْمَحْكُوْمَ عَلَيْهِ بِهِ.

The letter must be authenticated through the testimony of two trustworthy witnesses who say, “He read it before us,” or “It was read before the judge in our presence, and then he said, witness that this is my letter to So-and-so or to whomever it reaches of the Muslim judges and rulers.” ¹⁷²⁴

وَلاَ يَثْبُتُ إِلاَّ بِشَاهِدَيْنِ عَدْلَيْنِ، يَقُوْلاَنِ: قَرَأَهُ عَلَيْنَا، أَوْ قُرِئَ عَلَيْهِ بِحَضْرَتِنَا، فَقَالَ: اشْهَدَا عَلَيَّ أَنَّ هَذَا كِتَابِيْ إِلىٰ فُلاَنٍ، أَوْ إِلىٰ مَنْ يَصِلُ إِلَيْهِ مِنْ قُضَاةِ الْمُسْلِمِيْنَ وَحُكَّامِهِمْ.

If the one (judge/ruler) being addressed by the letter dies or is removed from his post before it reaches him, and it reaches someone else, then that person should still act upon it. If the sender

فَإِنْ مَاتَ الْمَكْتُوْبُ إِلَيْهِ، أَوْ عُزِلَ، فَوَصَلَ إِلىٰ غَيْرِهِ، عَمِلَ بِهِ، وَإِنْ مَاتَ اْلكَاتِبُ، أَوْ عُزِلَ بَعْدَ حُكْمِهِ، جَازَ قَبُوْلُ كِتَابِهِ.

1723. This is the position of (A).

(a) + (-H): The judge may not listen to the claim against the absentee.
It may be said that the judge must exhaust all avenues to urge the absentee to attend, but if he fails to appear, the judge may listen to the claimant’s argument.

1724. (a): It is sufficient to recognize the judge’s handwriting and seal.
What is intended based on this second view is the confidence that the letter is genuine. In our times, there may be other means to ensure that. This was not the authorized position in any of the four madhâhib. Ibn al-Muâṣif (d. 620 AH) said in Tanbeeh al-Ḥukkâm that all judges during his time adopted this position because of the dire need.

dies or is removed from his post after he has already issued the verdict, it is still valid to accept his letter.
Letters from judges are accepted concerning all cases except ḥudood and qiṣâṣ. ¹⁷²⁵

وَيُقْبَلُ كِتَابُ اْلقَاضِيْ فِيْ كُلِّ حَقٍّ، إِلاَّ اْلحُدُوْدَ وَاْلقِصَاص.

1725. (a) + (-H): As mentioned here above.

(A/SM & Iqnâ‘): Accepted in qiṣâṣ but not in ḥudood.

(-M, -S): Accepted in all cases.

Correspondence of Judges

( Page : no 175)

The Book of the Judiciary

Correspondence of Judges

حُكْمِ كِتاَبِ اْلقاَضِيْ

Introduction

The Book of Purification

The Book of Prayer

The Book of Funerals

The Book of Fasting

The Book of Hajj and 'Umrah

Book of Zakat

The Book of Selling and Commercial Transactions

The Book of Bequests

The Book of Inheritance

The Book of Marriage

The Book of Divorce

The Book of Sadaq

The Book of Dhihar

The Book of Lian

The Book of Foods

The Book of Oaths

Book of Fatal and Non-Fatal Assault

The Book of Indemnities

The Book of Hudood

The Book of Jihad

The Book of the Judiciary

The Book of Testimonies

Appendix

Glossary

Correspondence of Judges