How is the judicial authority confirmed when the jurisdiction is distant?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If the appointed town is far from the Imam's city such that news does not reliably circulate, the Imam must summon two just witnesses, read the decree to them, have them read it back, and take them as witnesses to the appointment. These witnesses must accompany the appointee to his jurisdiction to testify regarding his assumption of the office and confirm that he was instructed according to the contents of the decree.
Supporting text
The Hanafi school holds that authority is confirmed by widespread fame (*istifadah*) irrespective of distance, citing the appointments of Ali and Mu'adh to Yemen by the Prophet (peace be upon him) without documented witnessing. The justification against relying solely on fame in distant lands is that judicial authority requires either fame or explicit witnessing, and since fame cannot reliably reach distant areas, witnessing becomes necessary. It is argued that the Prophet's appointments were likely accompanied by witnesses, even if not explicitly recorded.