Is a judge bound to record the admission made by a party when the claimant requests two witnesses to attest to it?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
When two litigants approach a judge and one admits a claim by the other, it is obligatory for the admitting party to provide two witnesses to that admission if the claimant so requests. This requirement stems from the principle that the judge does not rule based on his personal knowledge alone. If the admission were not formally witnessed, the admitting party might later retract it, making a ruling based solely on the judge's memory problematic due to human forgetfulness. The requirement ensures a legally binding record.