Under what conditions must a later ruler overturn a judgment previously issued by another ruler?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If a ruler examines a case previously judged by another ruler and finds that the prior ruling contradicted a clear text from the Book (Quran), the Sunnah, or a consensus (Ijma'), the prior ruling must be overturned (Naqd). This view is held by Al-Shafi'i, who further specifies that if the contradiction is to an explicit text, overturning is mandatory. The basis for overturning in this case is that the prior judgment failed to meet the necessary condition, which, in rulings requiring Ijtihad (independent legal reasoning), is the absence of contradiction to established texts or consensus. Ignoring the Book and Sunnah constitutes negligence, requiring the nullification of the judgment, similar to ruling based on the testimony of disbelievers.
Supporting text
Malik and Abu Hanifa maintain that a judgment should not be overturned unless it contradicts the consensus (Ijma'). They provide exceptions where they would overturn based on clear departures: Malik states that overturning occurs if the ruling concerns granting pre-emption (Shufa'a) to a neighbor. Abu Hanifa mentions overturning a ruling concerning the sale of an unspecified item (Bay' mitruk al-tasmiyah) or a ruling between slaves based on drawing lots. Muhammad ibn Al-Hasan adds that overturning is required if the ruling was based solely on one witness and an oath.