The Ruling of the Judge Contrary to What He Knows
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, is it permissible for the judge to rule contrary to what he knows, or does he refer the case?
Answer:
As you have heard, we say: he rules based on the apparent evidence, even if it is contrary to what he knows. Even if it is contrary to what he knows, he rules based on the apparent evidence; he is only obligated to act on the proof. If he doubts the proof, he seeks verification. So he rules based on the apparent evidence. The Prophet (peace and blessings be upon him) said:Sunan ad-Daraqutni 26:117. Yes.
He says: Honorable Shaykh, may Allah grant you success, is it permissible for the judge to rule contrary to what he knows, or does he refer the case?
Answer:
As you have heard, we say: he rules based on the apparent evidence, even if it is contrary to what he knows. Even if it is contrary to what he knows, he rules based on the apparent evidence; he is only obligated to act on the proof. If he doubts the proof, he seeks verification. So he rules based on the apparent evidence. The Prophet (peace and blessings be upon him) said:
I judge based on what I hear
أقضي على نحو ما أسمع
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/138 شرح زاد المستقنع/ صالح الفوزان — youtube.com (55:46)
The Arabic text is a machine transcription of the audio recording.