Is it permissible for a judge to rule based on what he knows about a person's condition?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, does the judge rule by what he saw or by what he knows, such as when he sees a man stealing or committing zina?
Answer:
The judge does not rule by his own knowledge; rather, he rules by evidence. The Messenger (peace and blessings be upon him) said:Sunan ad-Daraqutni 26:117 Judgment is based on evidence, and he does not rule by his own knowledge. Yes.
He says: Honorable Shaykh, may Allah grant you success, does the judge rule by what he saw or by what he knows, such as when he sees a man stealing or committing zina?
Answer:
The judge does not rule by his own knowledge; rather, he rules by evidence. The Messenger (peace and blessings be upon him) said:
I only judge based on what I hear.
إنما أقضي على نحو ما أسمع
Source
قناة «العلامة الدكتور صالح الفوزان»، [2582 -2802] هل يجوز للقاضي أن يحكم بما يعلمه من حال الشخص - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.