Can a ruler judge a case where one parent is in dispute with the other parent or with their child?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 3 · Bab 1

Open in Qurani

Primary text

According to the first scholarly opinion regarding judging cases involving relatives, if a dispute arises between the ruler's parents, or between their children, or between a parent and a child, the ruler cannot judge between them. This is based on the view that the ruler's testimony would not be accepted for one against the other in that specific conflict, thus preventing judgment, similar to a dispute involving a complete stranger.

Supporting text

The second view permits the ruler to judge between them because both parties are considered equal in the ruler's eyes, which eliminates the suspicion of bias, making them similar to strangers.