What is the ruling regarding the execution of a judgment against an absent defendant concerning a specific asset (ayn)?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a judgment is passed concerning a specific asset owned by an absent party, the asset must be delivered to the claimant who established their right via valid proof. This ruling applies whether the defendant was present or absent during the judgment. The evidence is that the claimant's right has been established through testimony, necessitating its immediate delivery, similar to a case where the opponent was present.