What is the ruling if a judge's Ijtihad changes before issuing a judgment?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a judge's legal reasoning (Ijtihad) changes before he issues a ruling, the judge must rule according to his newly formed Ijtihad. It is impermissible to rule based on the previous Ijtihad because doing so constitutes ruling based on what the judge then believes to be false. This principle is analogous to the case where a person's Ijtihad regarding the Qibla changes; if this happens before prayer, they must pray toward the direction dictated by the new Ijtihad.