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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Meaning of the Jurists' Statement

Machine translationRead the Arabic original
Question:
May Allah reward you, Your Eminence, father. The questioner says: The jurists say that when ruling on an absentee, he is to be judged based on his defense if he is present. What is meant by this phrase of theirs?

Answer:
If he is present, he answers the claim brought against him. If he answers with a valid response, yes, the judge rules in his favor and his right is restored to him. Yes. But we do not suspend the case and deprive the claimant, who has already acknowledged his right, because it harms him. This harms him. And that person may be absent in order to cause harm. If he knows that a ruling will be issued against him, he will be present. But if, by chance, he did not know or did not attend until he came, it is said to him: What do you have? Answer your opponent's claim. May Allah keep you safe. The case is opened for him. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [2565 -2802] معنى قول الفقهاء -عند الحكم على الغائب-: هو على حجته إذا حضر - الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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