Is it permissible for a judge to rule between people by adhering to a specific school of jurisprudence, such as the school of Imam Malik?
Machine translationRead the Arabic original
Question:
May Allah reward you. Honorable Shaykh, a questioner says: Is it permissible for a judge to rule between people by adhering to a specific school of jurisprudence, such as the school of Imam Malik?
Answer:
Yes, if it were not for this, matters would not be completed. It is obligatory for the judge in a region or country to adhere to the school of one of the Imams, unless evidence points to a ruling in another school. In that case, he follows the evidence. But if no evidence is clear and the issue is entirely a matter of independent legal reasoning, he adopts the school that the state follows. The school that the state follows, as long as the issue is a matter of independent legal reasoning and no evidence is clear in it. But if evidence is clear, then no. No one’s opinion stands against evidence. Yes.
May Allah reward you. Honorable Shaykh, a questioner says: Is it permissible for a judge to rule between people by adhering to a specific school of jurisprudence, such as the school of Imam Malik?
Answer:
Yes, if it were not for this, matters would not be completed. It is obligatory for the judge in a region or country to adhere to the school of one of the Imams, unless evidence points to a ruling in another school. In that case, he follows the evidence. But if no evidence is clear and the issue is entirely a matter of independent legal reasoning, he adopts the school that the state follows. The school that the state follows, as long as the issue is a matter of independent legal reasoning and no evidence is clear in it. But if evidence is clear, then no. No one’s opinion stands against evidence. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [932 -954] هل يجوز للقاضي أن يقضي بين الناس بأن يلتزم مذهبا معينا مثل مذهب الإمام مالك؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.