Is the judge obligated to provide a written record (mahzar) of the proceedings when requested?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 5 · Bab 1

Open in Qurani

Primary text

Regarding all preceding situations, if a party requests the judge to write a record of what transpired, there are two views. The preferred view is that the judge must comply, as the record serves as a durable document (wathiqah), comparable to the witness testimony itself. This is superior because witnesses might forget the testimony or even forget the litigants, whose identities are only confirmed by their signatures. The preferred view asserts that the witnesses' recollection may be insufficient given the frequency of testimonies and the passage of time.

Supporting text

The alternative view is that the judge is not obligated to provide the record because the witness attestation suffices.