What is the procedure for reviewing cases of incarcerated persons upon a new judge assuming office?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 1 · Bab 1

Open in Qurani

Primary text

The first matter a judge must address upon commencing sessions is the situation of the incarcerated, as imprisonment is a form of punishment and some may be held unjustly. The judge must dispatch a trustworthy messenger to the previous judge's prison to record the name of each detainee, the reason for their detention, and the claimant. Subsequently, a town crier must announce for three days that the judge will review the cases of the incarcerated on a specific day, summoning claimants to attend. When the day arrives, the judge examines the detention slips. For each case selected within the scope of the session, the judge summons the claimant. The claimant of the detainee is questioned first. The detainee is then asked the basis of their incarceration, assuming the initial detention was lawful.