The ruling of the judge when the evidence contradicts his knowledge
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if the judge knows that the defendant is truthful, but the plaintiff presents evidence that contradicts the judge's knowledge
Answer:
He does not rule by his knowledge; he does not rule on the basis of the evidence. The burden of proof is on the plaintiff, and the oath is on the one who denies. He does not rule by his knowledge that the defendant is being falsely accused or wronged. He does not know; he does not rule by his knowledge. However, it may be said that if he is hesitant to issue a ruling, he refers the case to another judge. If he is hesitant to issue a ruling and has confidence in another, he refers the case to another judge. Yes.
He says: Honorable Shaykh, may Allah grant you success, if the judge knows that the defendant is truthful, but the plaintiff presents evidence that contradicts the judge's knowledge
Answer:
He does not rule by his knowledge; he does not rule on the basis of the evidence. The burden of proof is on the plaintiff, and the oath is on the one who denies. He does not rule by his knowledge that the defendant is being falsely accused or wronged. He does not know; he does not rule by his knowledge. However, it may be said that if he is hesitant to issue a ruling, he refers the case to another judge. If he is hesitant to issue a ruling and has confidence in another, he refers the case to another judge. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/138 شرح زاد المستقنع/ صالح الفوزان — youtube.com (51:54)
The Arabic text is a machine transcription of the audio recording.
