In which legal matters does the ruling of an agreed-upon arbitrator take effect?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 4 · Bab 1

Open in Qurani

Primary text

The ruling of the mutually appointed arbitrator is enforceable in all legal matters, except for four specific issues: marriage (Nikah), mutual cursing (Li'an), penal accusation of adultery (Qadhf), and retribution/retaliation (Qisas). These four matters possess a special status requiring the consideration of the Imam (ruler) or his deputy.

Supporting text

Abu al-Khattab stated that the apparent meaning of Ahmad's position is that the arbitrator's ruling is enforceable even in these four matters. The companions of Al-Shafi'i hold two views corresponding to these two positions.