publications_unodc_commentary-e

2. He should ensure that every person has easy access to the court.3. He should consider a previous decision of the court as null and voidwhen the falsehood of a case is apparent to him.4. He should know the manners and customs of the people to whom hehas been appointed qadi.5. He should keep a close watch on the day-to-day affairs of his courtofficials.6. He should be acquainted with the jurists, as well as with the pious,trustworthy and udul (just people) of the town.7. He may attend funerals and visit sick persons, but while doing so heshould not discuss the judicial affairs of litigants.8. He may attend general banquets. According to al-Sarakhsi, ‘If thebanquet can take place without the presence of the qadi, then thisbanquet would be taken as “general”. But if at a banquet the attendanceof the qadi is inevitable, then such a banquet would be called “special”,that is, arranged especially for the qadi.Negative Rules1. He must not give judgment in anger, nor when under emotional strain.This is because, when a qadi is mentally or emotionally upset, hisreasoning power and judgment may be impaired.2. He must not decide a case when sleep overcomes him, nor when he isunduly tired or overjoyed.3. He must not give judgment when he is hungry or has overeaten.4. He must not accept any bribe.5. He must not laugh at litigants, nor should he make fun of them.6. He must not weaken himself with non-obligatory fasting when he isdeciding cases.7. He must not put words into the mouth of a victim, nor should hesuggest answers, nor should he point at any of the litigants.158