that the ruling has been established before him and that he has ruled that So-and-so is liable to eighty lashes—the punishment for slanderous accusation—but he does not wish to carry it out himself, or fears the influence of the person against whom judgment was rendered if he carries it out. So he writes to the second judge: “Such-and-such has been established before me, and I have ruled accordingly; therefore, enforce it.” The second judge then enforces it. In some respects, this resembles the letters judges nowadays send to governors or the police, directing them to enforce the judgments they have issued.
His statement, “not in the prescribed punishments due to Allah, such as the punishment for unlawful sexual intercourse and the like”: a judge’s letter to another judge is not accepted in such matters. Thus, if a matter is established before a judge, he does not write concerning it to the second judge, because this involves publicizing indecencies. Rather than the case being known only to the judge writing the letter, it will reach the second judge and be entered in his records. This spreads knowledge of crimes and disseminates indecency. Accordingly, a judge’s letter to another judge is not accepted in matters that are Allah’s right, Mighty and Majestic is He, such as the punishment for unlawful sexual intercourse, drinking wine, and the like.
The apparent meaning of the author’s words is that a judge’s letter to another judge is accepted in discretionary punishments. Yet, in truth, the matters that necessitate discretionary punishment also involve dissemination. Slanderous accusation other than an accusation of unlawful sexual intercourse entails a discretionary punishment; abandoning the congregational prayer entails a discretionary punishment; and so on. If we publicize these matters among people, they will spread. Hence, the second view on this issue—which was the view preferred by Shaykh al-Islam Ibn Taymiyyah and is the position of Malik—is that a judge may write to another judge even concerning the rights of Allah: even in the prescribed punishments for unlawful sexual intercourse, drinking wine, theft, abandoning the prayer, and other matters entailing discretionary punishment. They responded to the view