If strong circumstantial evidence is available to the judge, does it take the place of formal proof, and does he rule in favor of the claimant if his evidence is strong?
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success, if strong circumstantial evidence is available to the judge, does it take the place of formal proof, and does he rule in favor of the claimant if his evidence is strong?
Answer:
The judge never rules by his own knowledge; he rules only by formal proof. He does not rule by his own knowledge, nor does he know for certain. He knows that this is the correct position and that this is the truth, but he does not rule by his own knowledge because he is suspected of bias.
Honorable Shaykh, may Allah grant you success, if strong circumstantial evidence is available to the judge, does it take the place of formal proof, and does he rule in favor of the claimant if his evidence is strong?
Answer:
The judge never rules by his own knowledge; he rules only by formal proof. He does not rule by his own knowledge, nor does he know for certain. He knows that this is the correct position and that this is the truth, but he does not rule by his own knowledge because he is suspected of bias.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2968 -3022] إذا توفرت قرائن قوية عند القاضي فهل تقوم مقام البينة ويحكم للمدعي إذا كانت قرائنه قوية؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
