Once this is established, it is not permissible to overturn his ruling in matters where the ruling of someone who has [formal] authority would not be overturned. This is the opinion of al-Shafi'i. Abu Hanifa said: The judge has the right to overturn it if it contradicts his own opinion, because this is a contract regarding the judge, so he has the power to annul it, like a suspended contract in his view. Our position is that this is a valid and binding judgment, so it is not permissible to annul it because it contradicts his opinion, just like the ruling of someone who has [formal] authority. What they mentioned is incorrect; for his ruling is binding upon the two litigants, so how could it be suspended? Even if it were so, he would have the power to annul it even if it did not contradict his opinion, and we do not concede the [existence of] suspension in contracts. Once this is established, each of the two litigants has the right to withdraw from his arbitration before he begins the judgment, because it is only established by his consent, so it is similar to withdrawing from an agency before the action is taken. If he withdraws after he has begun, there are two views: one is that he may do so, because the judgment has not been completed, so it is akin to [the state] before starting. The second is that he may not do so, because it would lead to every one of them withdrawing whenever he sees a judgment that does not suit him, and thus the intended purpose would be nullified.

Section: The Qadi said: The ruling of one whom they have appointed as an arbitrator is binding in all judgments except for four things: marriage, li'an (imprecation), qadhf (false accusation of unchastity), and qisas (retaliatory punishment), because these judgments have a distinction over others, so the Imam is exclusively responsible for considering them, and his deputy stands in his place. Abu al-Khattab said: The manifest view of Ahmad is that his ruling is binding in them. The followers of al-Shafi'i have two views, like these two. When this arbitrator writes a document regarding what he has ruled and sends it to a judge among the Muslim judges, the latter is obligated to accept it and enforce his written document, because he is a judge whose rulings are binding, so accepting his document is mandatory, just like the judge of the Imam.

1878 - Issue: He said: (And he shall judge against the absent party, when the right against him is established).

The gist of it is that whoever claims a right against an absent person in another city and requests the judge to hear the evidence and rule based upon it against him, the judge must fulfill his request if the conditions are met. This is the opinion of Shubruma, Malik, al-Awza'i, al-Layth, Sawwar, Abu Ubayd, Ishaq, and Ibn al-Mundhir.