Is it permissible for the judge to host or coach one litigant privately?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
It is not appropriate for the judge to host one litigant without the other; rather, he should host them both or neither. This is supported by the narration that 'Ali, may Allah be pleased with him, turned away a man who approached him alone, stating he heard the Messenger of Allah, peace be upon him, say: 'Do not host one of two litigants unless his opponent is present with him.' This is because hosting one privately suggests the judge’s inclination toward that person to the other litigant. Furthermore, the judge must not prompt one litigant with their argument or advise them on what harms their opponent, such as prompting a confession to be denied, or prompting silence when an oath is due, or prompting an oath when silence is appropriate, or encouraging a hesitant witness to testify, or discouraging one who is ready to testify, or speaking to one litigant alone.
Supporting text
The previous prohibitions are not applicable to cases involving the rights of Allah (Haqq Allah) and His boundaries, such as the case of a thief or someone admitting guilt, because in such cases there is no opposing litigant to be harmed, and thus no injustice or deviation from justice occurs to either party. However, these rules apply strictly when there is a dispute over the rights of human beings (*Huquq al-Adamiyyin*).