How should a judge address two opposing parties (litigants) who appear before him?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
When two litigants appear before the judge, the judge has the choice either to ask directly, 'Which one of you is the claimant?', since they have both appeared for that purpose, or to remain silent. If the judge remains silent, the person standing next to him should ask, 'Which one of you is the claimant?', in case both remain silent. The judge or his assistant must not single out one of the parties by telling him to speak first, as doing so implies preferential treatment and a lack of fairness.
Supporting text
The practice of Shurayh was to have a person standing next to him ask, 'Which one of you is the claimant, let him speak?' If the other party attempts to disrupt, Shurayh would gesture to him to remain quiet until the claimant finished speaking, and only then would he be told to speak.