What are the necessary conditions for accepting a judge's written communication (Kitab al-Qadi) by another judge?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 1 · Bab 1

Open in Qurani

Primary text

Three essential conditions must be met for the acceptance of a judge's written communication. First, the communication must be attested by two just male witnesses (*shuhud 'adlun*). Merely recognizing the recipient judge's handwriting or seal is insufficient for acceptance, according to the Imams of legal opinions (A'immat al-Fatwa). Second, the judge must issue the writing from his established jurisdiction and place of ruling. Third, the written communication must reach the recipient judge within his jurisdiction. If these conditions are met, the recipient judge must act upon the communication according to the pure Sharia. The basis for acceptance rests upon the testimony of the two witnesses concerning the ruling of the writing judge, not solely on the script or seal.

Supporting text

A dissenting view holds that acceptance is permissible if the recipient judge recognizes the writer's handwriting and seal, a view attributed to Al-Hasan, Suwar, Al-'Anbari, Abu Thawr, and Al-Istakhri. This view suggests that handwriting recognition creates a strong presumption, akin to witness testimony.