Chapter: The Method of Adjudication and Its Procedure

When two litigants appear before the judge, he seats them before him and asks, “Which of you is the claimant?” He may also remain silent until the claimant begins to speak; when the claim is voiced, he listens attentively.

If the claim is properly framed, the judge turns to the defendant and asks: “What is your position regarding this claim?”

Should the defendant acknowledge it, the judge rules in favor of the claimant accordingly.

If the defendant denies the allegation, the judge says to the claimant, “If you have evidence, present it,” for at that point it is the claimant’s responsibility to substantiate his case so that judgment may be rendered for him. When he produces proof, the judge hears the testimony and rules on its basis.

The judge must not issue a verdict based solely on his own personal knowledge, for that would open him to suspicion.

Al-ʿAllāmah Ibn al-Qayyim said: “That practice is a gateway to unjust rulings, for a judge may say, ‘I decided according to what I knew.’”

He continued: “It has been established that Abu Bakr, ʿUmar, ʿAbd al-Raḥmān ibn ʿAwf, and Muʿāwiyah all prohibited this, and none of the Companions disagreed. Indeed, the Master—”