than the writing judge, and thus have more free time. He can summon the witnesses, precisely formulate the claim, and record everything the case requires before it is presented to the judge to whom the letter is addressed. Nothing then remains except for the judgment itself. Undoubtedly, this is of clear benefit to the recipient judge, and it also eases matters for the litigants. Rather than having to go to the recipient judge and having their case remain pending for a week or two, a month or two, or even a year or two, it may be concluded in an hour or two. This is easier for people.
A judge’s letter to another judge is accepted in every claim involving an individual’s right, even in cases of slanderous accusation; but not in cases involving the prescribed punishments of Allah, such as the punishment for unlawful sexual intercourse and the like, …………
However, a judge’s letter to another judge is subject to certain conditions. The author, may Allah have mercy on him, says: “A judge’s letter to another judge is accepted in every right”—that is, in every right belonging to an individual.
An example is where two people dispute ownership of a specific property, and one of them claims that he sold it to the other, while the latter denies it. The claimant then produces evidence, so the claim is established before the judge. He records it precisely and writes down the witnesses, then refers the two litigants to the judge to whom the letter is addressed. This is accepted because it concerns an individual’s right. Once the case reaches the recipient judge, he examines it while the two litigants are before him, then rules as the circumstances require.
Another example is where two people dispute a specific property, and the claimant produces evidence that it belongs to him. However, the property itself is not brought before the court. The judge therefore rules, on the basis of the evidence, that the property belongs to the claimant; but since the property is not present, he cannot compel the defendant to hand it over to the claimant. So he writes to the other judge: “So-and-so and so-and-so disputed before me concerning such-and-such; the evidence was established in favor of the claimant regarding what he claimed; and I ruled that the property belongs to the claimant. Therefore, enforce this judgment of mine.” When it arrives