The ruling on the disputing parties choosing a third person to judge between them
Machine translationRead the Arabic original
Question:
Your Eminence, father. The questioner says: A dispute arises among us, and the two disputing parties choose a third person whose ruling they are satisfied with, and they sign an agreement to that effect. Is this ruling binding on both parties?
Answer:
If the third party they chose is qualified to serve as a judge, and if he is qualified to serve as a judge, then there is no harm in that, and his ruling is binding. However, if he is not qualified to serve as a judge, then it is not permissible. Yes.
The presenter:
May Allah reward you
Your Eminence, father. The questioner says: A dispute arises among us, and the two disputing parties choose a third person whose ruling they are satisfied with, and they sign an agreement to that effect. Is this ruling binding on both parties?
Answer:
If the third party they chose is qualified to serve as a judge, and if he is qualified to serve as a judge, then there is no harm in that, and his ruling is binding. However, if he is not qualified to serve as a judge, then it is not permissible. Yes.
The presenter:
May Allah reward you
Source
قناة «العلامة الدكتور صالح الفوزان»، 65 من 69/شرح أخصر المختصرات/كتاب القضاء/صلاحيات القاضي وصفاته الشيخ صالح الفوزان/فقه/كبار العلماء — youtube.com (33:11)
The Arabic text is a machine transcription of the audio recording.