What is the ruling on overturning the valid judgments of a qualified predecessor judge?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If the preceding judge was qualified, his rulings that align with correctness, or that do not contradict the Book (Quran), the Sunnah, or consensus (Ijma'), are not permitted to be overturned. If a ruling contradicts one of these three foundations, and the matter concerns a right pertaining to God (Haqq li-Llah), such as emancipation ('itaq) or divorce (talaq), the ruling must be overturned because the current judge has jurisdiction over rights pertaining to God. However, if the ruling concerns a right pertaining to a private individual (Haqq Adami), it should not be overturned unless the entitled party demands it, as a judge cannot enforce a right for a person without that person's pursuit or claim.
Supporting text
If the right of the private individual is sought to be overturned, it must be overturned upon the claim of its rightful owner.