How should the judge proceed if both parties claim to be the claimant simultaneously?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 3 · Bab 1

Open in Qurani

Primary text

The principal position (قياس المذهب) and the opinion of Al-Shafi'i suggest that a draw or lot (قرعة) should be cast between them, because neither is prioritized over the other, and it is impossible to hear both simultaneously. This is analogous to the case of two women being presented to a husband on the same night. This method is preferred because combining the judgment for both cases simultaneously is impossible, and postponing their matters results in harm to them, whereas casting lots removes the harm as much as possible, consistent with analogous rulings in Sharia.

Supporting text

Ibn al-Mundhir deemed it preferable to hear both claims simultaneously. Another view suggests that their matter should be postponed until the claimant can be clearly identified.