Is it permissible for a judge to rule on a distant absentee?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 2 · Bab 1

Open in Qurani

Primary text

It is permissible to rule on a distant absentee if they refuse to attend or conceal themselves, as their absence and inability to be questioned makes judicial action necessary. This position is supported by the apparent meaning of Ahmad's words and is also the view of Al-Shafi'i. The justification is that their attendance and questioning have become impossible, thus permitting a ruling similar to that for a distant absentee, even more so since the distant absentee has an excuse while this one does not.

Supporting text

The people of Madinah rule against the absentee based on the claimant's proof, and the people of Basra use a procedure called 'al-I'dhar' (notifying at the door three times) which strengthens the position of the people of Madinah.