What is the ruling if a present defendant refuses to attend the court summons?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If the defendant is present in the city or nearby, the judge may send someone with the claimant to fetch the defendant, or send a piece of wax or clay sealed with the judge's ring. If the messenger returns reporting refusal or that the seal was broken, the judge sends a fetcher. If the defendant still refuses, the person who fetched him may chastise him upon the judge's discretion, which may involve reprimand, uncovering his head, beating, or imprisonment. If he hides, the judge sends someone to call out at his door three times, warning that if he does not appear, his door will be sealed, and his most prominent neighbors will witness the notification. If he still does not attend, and the claimant requests it, the house is sealed in his name.
Supporting text
If the defendant remains absent, the judge can appoint an agent to represent him, hear the evidence, pass judgment as if he were absent, and satisfy the right from his property if found. This is the view of Al-Shafi'i, Abu Yusuf, and the people of Basra. If no property is found and the claimant has no proof, Ahmad initially disapproved of forcefully entering the house until the matter became clear. Al-Shafi'i permitted sending young boys and trustworthy women, accompanied by just men, to enter the courtyard first, followed by men, to search for the defendant.