Under which conditions is a judge permitted to enforce reconciliation?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 4 · Bab 1

Open in Qurani

Primary text

Abu 'Ubayd stated that reconciliation is only permissible for the judge in problematic or ambiguous matters. If the legal argument illuminates the position of the oppressor (*dhalim*), the judge is not permitted to force them into a settlement. This view is aligned with the saying of 'Ata' and was considered sound (*istihsana*) by Ibn al-Mundhir.