Withdrawing from an arbitrator after having accepted him

Question

Zayd and ‘Amr disagreed about a plot of land: which of them had bought it first. To have the matter decided, both of them, by mutual agreement, chose a God-fearing scholar (‘alim) and appointed him as arbitrator (hakam) to settle the dispute. Zayd met the scholar several times and told him: “Decide in such a way that ‘Amr gives up his right to this land, and in exchange I will give ‘Amr ten thousand rupees, or whatever sum you name.

Answer

When one of the parties, having made someone arbitrator (hakam) and decider, says, “If you decide against me, I will go to court,” this shows that his intention is not to obtain a decision according to the Sacred Law, but only a decision in his own favour (whether it agrees with the evidence and the Sacred Law or goes against them).

Source: Fatawa Mahmudiyya

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