What defense is available if the person named in the written judgment denies being the intended party?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 23 · Bab 1

Open in Qurani

Primary text

If the person named in the judgment denies responsibility, their denial, coupled with an oath, is accepted, unless the claimant provides evidence proving they are the person intended in the judgment. If the named person admits their name, lineage, and description but claims the right belongs to another person sharing the same characteristics, the defendant's claim is accepted due to the presumed lack of shared rights unless the claimant provides evidence to the contrary.