What is the meaning of the scholars' statement: "The judge's ruling resolves the disagreement"?
Machine translationRead the Arabic original
Question:
May Allah reward you. Honorable Shaykh, this questioner says: What is the meaning of the scholars' statement, "The judge's ruling resolves the disagreement"? And is the judge meant to be the qadi or the one in authority?
Answer:
The judge is meant, and the disagreement is one that is balanced, where neither position is stronger. If the judge rules with one of the opinions, the disagreement is resolved. It is a balanced disagreement where it is not clear which opinion the evidence supports. However, if the evidence is clear for one of the opinions, it is not permissible to rule with the opinion that has no evidence. Al-Shafi'i (may Allah have mercy on him) said: "The Muslims have agreed that if the Sunnah of the Messenger of Allah (peace and blessings be upon him) becomes clear to a person, he has no right to leave it for the saying of anyone." Yes.
So be aware that "the judge's ruling resolves the disagreement" refers to the balanced disagreement where nothing is stronger by evidence. Yes.
May Allah reward you. Honorable Shaykh, this questioner says: What is the meaning of the scholars' statement, "The judge's ruling resolves the disagreement"? And is the judge meant to be the qadi or the one in authority?
Answer:
The judge is meant, and the disagreement is one that is balanced, where neither position is stronger. If the judge rules with one of the opinions, the disagreement is resolved. It is a balanced disagreement where it is not clear which opinion the evidence supports. However, if the evidence is clear for one of the opinions, it is not permissible to rule with the opinion that has no evidence. Al-Shafi'i (may Allah have mercy on him) said: "The Muslims have agreed that if the Sunnah of the Messenger of Allah (peace and blessings be upon him) becomes clear to a person, he has no right to leave it for the saying of anyone." Yes.
So be aware that "the judge's ruling resolves the disagreement" refers to the balanced disagreement where nothing is stronger by evidence. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [484 -858] ما معنى قول العلماء حكم الحاكم يرفع الخلاف؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
