Is the seal of the judge mandatory for the validity and acceptance of his written communication?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The seal of the judge is not a prerequisite for the validity of his written communication. The precedent established by the Prophet, peace be upon him, who wrote to Caesar without a seal, confirms this. The Prophet later adopted a seal only because it was noted that non-Arabs would not read an unsealed document. The validity relies upon the witnesses affirming the contents and the commission given to them.
Supporting text
Abu Hanifa and Abu Thawr maintain that the letter is not acceptable unless two witnesses testify to the judge's seal. This is countered by the principle that since the witnesses have affirmed the contents, the letter should be accepted just as if it arrived sealed.