Can a ruler adjudicate a case involving themselves?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is prohibited for a ruler to judge a case involving themselves, just as it is prohibited for them to testify on their own behalf. If a dispute arises between the ruler and another person, the ruler may refer the case to one of their deputies or one of their subjects for judgment. Evidence for this practice includes when Umar referred a dispute involving Abya to Zayd, referred an Iraqi man to Shurayh, and referred a Jew to Shurayh. Similarly, Uthman referred a case involving Talhah to Jubayr ibn Mut'im.