Is a judge permitted to enforce a written ruling found in his own records if the opposing party makes no claim regarding it?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If a judge retrieves a document from his register, written in his own hand under his seal containing a ruling, the judge must enforce that ruling if the litigant mentions it. If the litigant fails to mention it, the judge does not rule based upon it. This position is supported by Ahmad concerning testimony, some Ashabuna, and the view of Abu Hanifa, Al-Shafi'i, and Muhammad ibn Al-Hasan. The justification is that the presence of the document in the official repository under the seal indicates its validity.
Supporting text
An alternative opinion, narrated from Ahmad concerning testimony, suggests that the judge should rule based upon it regardless of whether it is mentioned. The counterargument is that an unmentioned ruling should not be enforced without testimony, as forgery is possible, similar to how a judge cannot enforce a ruling found in his father's records without evidence.