Appointing a man who is not a judge to adjudicate a dispute between two parties
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. If two men dispute and differ over a case and agree to appoint a certain person from among the people to judge it, is that permissible? It is known that there is no Shari'ah ruling in their case.
The Shaykh:
There are people who agree to appoint a righteous man to judge, on the condition that he is qualified for judgment. If he is qualified, his judgment is carried out between them. As for the one who is not qualified for judgment, it is not permissible for them to appoint him to judge between them. Yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
This will be mentioned in the same chapter: if a man qualified for judgment is appointed, his judgment is enforced. Yes.
He says: Honorable Shaykh, may Allah grant you success. If two men dispute and differ over a case and agree to appoint a certain person from among the people to judge it, is that permissible? It is known that there is no Shari'ah ruling in their case.
The Shaykh:
There are people who agree to appoint a righteous man to judge, on the condition that he is qualified for judgment. If he is qualified, his judgment is carried out between them. As for the one who is not qualified for judgment, it is not permissible for them to appoint him to judge between them. Yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
This will be mentioned in the same chapter: if a man qualified for judgment is appointed, his judgment is enforced. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 115 من 123 / شرح كتاب زاد المستقنع / القضاء / صالح الفوزان / الفقه / كبار العلماء — youtube.com (43:30)
The Arabic text is a machine transcription of the audio recording.