What is the legal ruling regarding the acceptance of a judge's declaration concerning jurisdiction (ta'reef), sending a message (risalah), and character assessment (jarh wa ta'deel)?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The ruling concerning jurisdiction, the sending of a message, and the assessment of integrity (jarh wa ta'deel) is the same as the ruling concerning biographical accounts (tarjamah), which contains differences of opinion. This position was mentioned by Al-Sharif Abu Ja'far and Abu Al-Khattab. Concerning the acceptance of a declaration of rights, if the judge states he ruled by right, the ruling stands, which is the view held by Ishaq.
Supporting text
Abu Al-Khattab suggested that the declaration might not be accepted. The view of Al-Qadi in the derivatives of this issue implies non-acceptance, which is the opinion of the majority of jurists because one who does not possess the authority to judge does not possess the authority to confess to it, similar to one who confesses to freeing a slave after selling him. Al-Awza'i, Ibn Al-Mundhir, and Ibn Abi Layla stated it is like a witness; if another witness supports it, it is accepted. The Ashab Al-Ra'y (Hanafi school) stated that only two other witnesses must testify to that effect. This aligns with the apparent view of Al-Shafi'i because testimony regarding one's own act is not accepted.