Naqd (annulment and breaking)

Naqd, in the lexicon, is undoing what was tied; in the usul sense it is a flaw in a cause when the ruling does not follow it. ¹

A truce may be broken by the ruler when its continuation was made subject to his will, or by treachery of the other side, or by breach of its terms. A safe-conduct may be broken only on fear of treachery according to most jurists; the Hanafis let the ruler break it whenever he chooses. A dhimma contract is broken by joining the enemy or spying. ^{3 4}

A judgment is annulled only if it contradicts a text of the Qur'an, a well-known Sunna or a consensus; the Malikis add a judgment whose basis is isolated or contrary to principles, and the Shafi'is add a clear analogy. ^{5 17} A judgment that stands on a disputed question of ijtihad is kept; the Malikis hold that a ruling settles the dispute for that case. ^{6 7 8} A judge who finds his own error annuls his ruling; a judge who rules against his own school may have it annulled; a judge who did not know of a disagreement is treated differently by the Hanbalis and Hanafis. ^{10 18} An unfit or tyrannical judge: his rulings are annulled wholly by the Shafi'is and Hanbalis, and wholly or in part by others; Asbagh would keep what is just. ^{18 19} False witnesses, withdrawn testimony and witnesses tied to the parties: testimony later shown false is treated differently; a retraction after execution does not annul a money ruling; the kinship of a witness is not accepted by most jurists. ^{11 13 20} Who may annul: the judge himself or his successor; the ruler may gather jurists to review a judge's ruling; the claimant must demand annulment for a right of a person, and the judge must state the cause and record it. ^{14 16}