What are the requirements for a just judge regarding interaction with litigants?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The just judge must treat both litigants equally in every respect, including the seating arrangement, speech, glances, verbal interactions, allowing entry, listening, and attention. This is the established position of Shurayh, Abu Hanifa, and Al-Shafi'i, and no dissenting opinion is known regarding this matter. Evidence includes the narration from Umm Salamah that the Prophet, peace be upon him, said: 'Whoever is tasked with judging between Muslims must be just between them in his speech, his gestures, and his seat, and he should not raise his voice against one litigant more than he raises it against the other.' Furthermore, 'Umar ibn Al-Khattab wrote to Ubayy: 'Be equal between the people in your seating and your justice, so that the weak do not despair of your justice, nor the noble hope for your bias.'
Supporting text
In a case involving 'Umar ibn Al-Khattab and Ubayy ibn Ka'b, they referred the matter to Zayd ibn Thabit. When they arrived at Zayd's house, Zayd offered 'Umar the prominent place on his mattress. 'Umar refused, stating that bias had already occurred in the beginning of the judgment, and insisted on sitting beside his opponent. Later, 'Umar ensured that Zayd understood that he must treat him and any ordinary Muslim equally in the judging seat, even when 'Umar compromised by forfeiting his right to the palm trees to avoid establishing a precedent where an oath might be waived concerning property rights.