What is the jurisdiction requirement for a judge issuing a ruling for another jurisdiction?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 6 · Bab 1

Open in Qurani

Primary text

If a judge issues a letter from an area outside his jurisdiction, it is not permissible for it to be accepted, as he has no authority to rule outside his assigned area, rendering him in that capacity like a layman. Furthermore, the communication must arrive at the recipient judge within his place of jurisdiction for it to be acted upon; if it arrives elsewhere, acceptance is postponed until it reaches the proper locale. If two litigants present a case to a judge outside his jurisdiction, he cannot rule between them based on his official authority unless both parties consent to his arbitration, in which case his ruling is equivalent to that of any mutually agreed-upon arbitrator.

Supporting text

If litigants, though not natives of the judge's jurisdiction, present their case while the judge is within his jurisdiction, he may rule between them, as the location of the judging takes precedence. Exceptions exist if the Imam grants the judge authority to rule over his subjects wherever they may be, or restricts him from ruling over non-subjects regardless of location.