Chapter: A Comprehensive Discussion of Judicial Rulings in Litigation

A judgment may be entered against an absent defendant with respect to every sort of right—commercial transactions, loans, agency contracts, and all other claims—except real property. In matters of land no ruling is issued against him unless his absence is prolonged and the delay harms the opposing party; should that occur, judgment is rendered against him. This is the distilled position of Mālik. Some of his Madinan disciples, however, hold that judgment may proceed against the absentee in real estate and everything else without waiting, while the court merely remains hopeful that he will later present his evidence. This view is also narrated from Mālik and is the opinion of Ashhab. Since the law permits judgment to be entered against a deceased person, it is even more permissible against one who is merely absent. And if several people dispute over a house and ask the judge to divide it among them, he does not rule