What is the ruling on the seating arrangement between the judge and the litigants?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The Sunnah is for both litigants to sit before the judge. This is based on the narration that the Prophet, peace be upon him, judged that the two litigants should sit before the judge, as narrated by Abu Dawud. 'Ali, may Allah be pleased with him, stated that if his opponent were a Muslim, he would sit with him before the judge. Furthermore, this arrangement allows the judge to dispense justice between them, give attention to both, and examine their claims effectively.
Supporting text
If one of the litigants permits the judge to elevate the other litigant above him in the seating arrangement, it is permissible because the right belongs to the one who gave permission, and his heart will not be broken as he was the one who initiated the elevation. If both litigants are Dhimmis (non-Muslim subjects), they must be treated equally due to their shared religious status. If one is Muslim and the other a Dhimmi, it is permissible for the Muslim to be seated higher, based on the incident involving 'Ali and the Jew where 'Ali stated that he refrained from sitting equally because he heard the Messenger of Allah, peace be upon him, say: 'Do not treat them equally in seating arrangements.'