Is consultation (*mushawarah*) required for a judge when rendering a judgment?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the judge ascertains the ruling from the Book of Allah, the Sunnah of His Messenger, consensus, or clear analogy, he rules without needing the opinion of others, based on the Prophet's approval of the methodology of Mu'adh ibn Jabal. However, if the matter requires independent reasoning (*ijtihad*), consultation with people of knowledge and trustworthiness is recommended, based on the command in the Quran: {And consult them in the matter} (Quran 3:159). Consultation is beneficial because it can prompt remembrance, provide insight into forgotten matters, and compensate for the impossibility of encompassing all knowledge.

Supporting text

The judge must only consult people known for piety and trustworthiness. It is recommended to consult both those who agree and those who disagree, inquiring about their evidence to clarify the truth.