What is the penalty for remaining silent regarding the claim?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If the defendant remains silent, neither confessing nor denying the claim, the judge confines them until they provide an answer, but this silence itself does not constitute recalcitrance (nukul).
Supporting text
Alternatively, it is held that the judge should tell the defendant, 'If you answer, otherwise I will deem you recalcitrant and rule against you,' repeating this until an answer is given. If they persist in silence, they are deemed recalcitrant and ruled against, as silence is refusal to answer a directed query, analogous to refusing an oath.