What is the meaning of "the judge's ruling resolves the disagreement," and is it permissible for a layperson to follow the judge's ruling or that of a person in whose knowledge and religion he has confidence?
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Question:
May Allah reward you, Honorable Shaykh. This questioner says: "The judge's ruling resolves the disagreement in matters of independent legal reasoning (ijtihad). Please clarify this principle. Does the layperson follow the judge's ruling, or does he follow the ruling of the person in whose knowledge and religion he has confidence?"
Answer:
A ruling is not the same as a fatwa (scholarly legal ruling). It seems he is asking about the fatwa. There is a difference between a ruling and a fatwa. The layperson follows the person in whose religion and knowledge he has confidence; he asks him and acts according to his statement. As for the ruling, this is the ruling that is with the judge. It is binding. If the judge rules, it is binding. This is because a fatwa is the clarification of the Islamic legal ruling without compulsion, whereas judgment is the clarification of the Islamic legal ruling with compulsion to abide by it. Yes.
May Allah reward you, Honorable Shaykh. This questioner says: "The judge's ruling resolves the disagreement in matters of independent legal reasoning (ijtihad). Please clarify this principle. Does the layperson follow the judge's ruling, or does he follow the ruling of the person in whose knowledge and religion he has confidence?"
Answer:
A ruling is not the same as a fatwa (scholarly legal ruling). It seems he is asking about the fatwa. There is a difference between a ruling and a fatwa. The layperson follows the person in whose religion and knowledge he has confidence; he asks him and acts according to his statement. As for the ruling, this is the ruling that is with the judge. It is binding. If the judge rules, it is binding. This is because a fatwa is the clarification of the Islamic legal ruling without compulsion, whereas judgment is the clarification of the Islamic legal ruling with compulsion to abide by it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [539 -858] ما معنى "حكم الحاكم يرفع الخلاف" وهل للعامي الأخذ بحكم الحاكم أو بمن يثق في علمه ودينه؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
