Is a judge obligated to write an official record (mahḍar) after a right has been recovered from the condemned party?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
There are two views concerning the obligation of a judge to issue an official record confirming the satisfaction of a judgment upon the request of the recipient of the right. The stronger view mandates that the judge must comply with the request so that the recipient is safeguarded against future claims by the opponent regarding the same recovered right. This obligation is similar to issuing a document for an initial judgment because the right has already been adjudicated and the claimant fears potential harm without such documentation.
Supporting text
The alternative view holds that the judge is not obligated to write the record. The judge only writes what has been established or judged by him. For a confirmation of receipt, merely having witnesses testify to the repayment is sufficient, requiring the claimant to have the debtor testify to the receipt of the right, as the right was established against the debtor through testimony.