Question
Question: If the partners disagree over how to divide a tract of land—some saying it should be divided lengthwise, and some saying widthwise—and then they draw lots between them, what should the judge or the conciliator do in such a case?
Answer
Answer: What the conciliator or arbitrator should do is first to consider the objectives sought by dividing it lengthwise and by dividing it widthwise. When he understands the objectives and the interests that follow from dividing it lengthwise and widthwise, it becomes incumbent upon him to divide it in the manner by which the parties’ objectives are equalized—whether that be by dividing lengthwise, or by dividing widthwise, or by dividing it in another manner distinct from those two. This is the justice Allah Most High has commanded us to uphold when judging between people.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2
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