When should the judge question the witnesses after they are presented?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 5 · Bab 1

Open in Qurani

Primary text

Once the evidence is presented, the judge must not question the witnesses regarding what they know until the claimant requests the judge to do so, as examining the witnesses is the claimant's right and cannot be acted upon without the claimant's permission. When the claimant requests this, the judge says, 'Whoever has testimony should state it,' rather than commanding them, 'Testify,' as the latter is a direct command.