Where is it permissible or recommended for a judge to hold his court session?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
It is recommended that the court be held in a prominent, spacious location easily accessible to the public, such as an open area or a large mosque. Judging within mosques is not disliked (*makruh*); this practice was observed by Shurayh, Al-Hasan, Ash-Sha'bi, Muharib ibn Dithar, Yahya ibn Ya'mur, Ibn Abi Layla, and Ibn Khaldah, who served as a judge under 'Umar ibn 'Abd al-'Aziz. Narrations also indicate that 'Umar, 'Uthman, and 'Ali used to judge within the mosque. Malik stated that judging in the mosque is an established ancient practice. Supporters of this view include Malik, Ishaq, and Ibn al-Mundhir.
Supporting text
Al-Shafi'i deemed judging in the mosque disliked, unless two litigants happen to meet there, citing a narration that 'Umar commanded Ibn 'Abd al-Rahman not to judge in the mosque because menstruating women and those in a state of major ritual impurity (*janabah*) would enter. Furthermore, concerns were raised about non-Muslims (*dhimmi*), menstruants, and the impure attending, leading to increased congestion, clamor, false swearing, and potential verbal abuse, especially in places where mosques were not yet properly established. For women needing judgment while menstruating, they must appoint an agent or meet the judge in his residence. A *dhimmi* may enter the mosque only with the permission of a Muslim.