What is the ruling if a claimant alleges a deposed judge erred in judgment and possesses evidence?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If the claimant alleges that the deposed judge erred in rendering judgment and possesses clear evidence (bayyinah), the judge must be summoned and judgment passed based on that evidence.
Supporting text
If the claimant lacks evidence regarding the alleged error in judgment, there are two opinions. One view holds that the judge should not be summoned because doing so constitutes humiliation, and since judges face many detractors, upholding such a standard might deter individuals from accepting the judiciary for fear of the consequences. The second view permits summoning the judge, as he might confess. If summoned and he confesses, judgment is passed against him. If he denies, his word is accepted without an oath because a judge's statement is authoritative even after deposition, similar to when he was in office.