for one of them until you have listened to the other, just as you listened to the first.’ ” ʿAlī added, “After that I never ceased to act as a judge.”
Al-Ḥākim said, “This hadith possesses a sound chain of transmission, although al-Bukhārī and Muslim did not record it,” and al-Dhahabī agreed with him.
Lessons drawn from the hadith
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Justice between litigants is the bedrock of adjudication. The judge must treat both parties equally whenever they appear before him—even in the very words he uses and the glances of his eyes.
Ibn Rushd stated, “The scholars unanimously agreed that he must seat the two litigants on an equal footing in the session.”
Ibn al-Qayyim said, “It is forbidden for the judge to raise one litigant above the other, to turn toward him with special attention, to consult him privately, or to stand for him while not doing the same for his opponent, lest that break the other’s spirit, weaken him from presenting his proof, and make his tongue falter.” -
The hadith forbids the judge to rule for the claimant until he has heard the defendant’s statement. Such a prohibition renders any contrary judgment invalid: if he rules before hearing the answer, his judgment is null. If the defendant remains silent and persists in refusing to reply, he is deemed in default (nukūl) and judgment is issued against him on that basis. This applies when the defendant is present in court and is the position of the three imams—Mālik, al-Shāfiʿī, and Aḥmad.
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If, however, the defendant is absent from the session, is hiding within the town, or the claim is directed against a deceased person, a minor, or someone insane, the court may still hear the case provided the plaintiff has evidence. Judgment is then rendered in accordance with that evidence. When the absentee returns, the minor reaches majority, the insane person regains sanity, or the fugitive appears, they may present their proofs, for once the impediment is removed they stand like present, legally accountable persons. This is the view of the majority, including the leading imams