Is it necessary to mention the defendant's presence when issuing the sijill?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 17 · Bab 1

Open in Qurani

Primary text

It is not necessary to mention the defendant's presence because a ruling against an absent person (al-gha'ib) is permissible. However, if the judge wishes to mention it as a precaution, he should state: 'after the presence of one against whom the claim was validly brought.'