Does the judge seek reconciliation if the case is confusing to him, or does he refer it to another judge?
Machine translationRead the Arabic original
Question : If a case becomes confusing to the judge, is it obligatory for him to refer it, or does the questioner become…?
Answer : If there is a judge whom he considers more knowledgeable than himself, there is no harm in referring it to him. However, if the judge is his equal or less knowledgeable, it is not permissible for him to refer it, because some judges do not possess the scrupulousness that would make them pause before ruling. But if he knows that there is a judge more knowledgeable and more versed in the conditions of the people than he is, let him refer it to him.
Answer : If there is a judge whom he considers more knowledgeable than himself, there is no harm in referring it to him. However, if the judge is his equal or less knowledgeable, it is not permissible for him to refer it, because some judges do not possess the scrupulousness that would make them pause before ruling. But if he knows that there is a judge more knowledgeable and more versed in the conditions of the people than he is, let him refer it to him.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 372- هل يسعى القاضي إلى الصلح إذا اشتبهت عليه القضية، أم يحيلها إلى قاضٍ آخر؟ - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
