If two judges meet within the jurisdiction of one of them, can the hosting judge act upon information conveyed by the visiting judge?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 3 · Bab 1

Open in Qurani

Primary text

If both judges meet within the jurisdiction of one, such as both being in Damascus, the judge of Damascus does not act upon what the judge of Egypt informed him of, because the information was conveyed to him concerning the visiting judge's area of authority, not the hosting judge's jurisdiction.

Supporting text

There are two views regarding whether the judge of Egypt can act upon what the judge of Damascus informed him upon returning to Egypt. This difference depends on whether the judge is permitted to rule based on his own knowledge, as the information was conveyed to him within the scope of the Damascus judge's authority. The position of Al-Shafi'i here aligns with the view of Al-Qadi.