Is a judge permitted to enforce a ruling he himself previously rendered but which was not mentioned by the litigants?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
A judge is not to rule based on a previous written judgment found in his records unless one of the disputing parties mentions it. This position is supported by Ahmad regarding testimony, some of the companions, and the opinion of Abu Hanifa, Al-Shafi'i, and Muhammad ibn Al-Hasan.
Supporting text
It is narrated from Ahmad that the judge should rule based on the document even if it is not mentioned. The reason for requiring mention is that an unmentioned ruling requires proof like any other ruling, and there is a possibility of forgery. Furthermore, the judge has the ability to revoke his own previous ruling, unlike a ruling by his father.