Question:-
Can a Muslim judge pass a verdict in court in the absence of one of the parties? Please clarify with details.
Answer:-
A Muslim judge cannot rule or pass a verdict in the absence of the claimant or defendant without listening to both parties. However, there are certain cases where the Muslim judge is permitted to pass a verdict (in the absence of one of the parties) due to some benefit. This is when the Muslim judge is convinced that if he delays and postpones his ruling until the other party is present, then one party will be inconvenienced and harmed. However, there are certain conditions that the judge should adhere to. For example, a married woman proves through witnesses that her husband has afforded her the choice of remaining in the Nikah or not, and without arranging for her maintenance, his whereabouts are unknown. In this case, the judge using all the means at his disposal will try to contact the husband, and thereafter if he still fails to appear in court, a representative will be appointed to protect his rights. Now, the judge may rule against him if he finds a need to do so.
Informing both the parties is the responsibility of court, therefore if the judge doesn’t inform any of the parties, or he informs them but it didn’t reach them, and a verdict is passed against the (absent party), then they can request for the case to be heard again (when both parties are present.)
In conclusion, under normal circumstances, it is not permissible to pass a verdict in the absence of one of the parties (plaintiff or defendant), and without listening to their viewpoint. However, in certain cases (based on certain reasons), the Muslim judge is permitted to pass a verdict in the absence of one party. [Re:- Fataawa Ibaadur Rahmaan Pg.127-131 Vol.6]
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 30 Rabi-ul-Aakhir 1434 / 05 December 2021
