What is the ruling regarding the execution of a monetary judgment (dayn) against an absent defendant when assets are found?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If a judgment is passed concerning a debt owed by an absent party, and assets belonging to that party are located and used for payment, the matter must be handled carefully. The definitive view holds that the asset is delivered to the claimant upon proof of right, as demonstrated when Imam Ahmad ruled on a stolen animal held as a deposit: if proof of ownership is established for the claimant, the item is delivered until the alleged depositor presents their counter-proof.
Supporting text
A potential alternative view suggests that nothing should be delivered to the claimant until they provide a guarantor. This is to ensure that if the absent opponent appears later and invalidates the claim, the claimant must guarantee repayment of what was taken, thus protecting the defendant against loss should the claimant's evidence be overturned or if proof of prior payment, transfer of ownership, or the death of the claimant occurs.