What is the procedure when the legal issue is ambiguous (*labis*)?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the matter involves ambiguity or confusion (*labis*), the judge must first order the parties to reconcile (*sulh*). If they refuse reconciliation, the judge must postpone the ruling until clear evidence (*bayan*) is presented. A ruling issued before the presentation of clear evidence is invalid.

Supporting text

The reconciliation is mandated only for ambiguous matters. If the evidence clearly favors one party, the judge is not permitted to compel them into a settlement.