The Ruling on a Judge’s Error in Ruling with Retaliation
Machine translationRead the Arabic original
Question:
If a judge rules with retaliation (qisas) and then his error becomes apparent, does the judge bear the responsibility for that ruling?
Answer:
No, a judge’s error does not obligate him to pay anything. If we were to hold judges liable for their errors, no one would judge between people, because judging is independent legal reasoning (ijtihad), in which one errs and hits the mark. If we were to hold them liable for their errors, this would have to be borne by the public treasury. The judges’ errors are to be borne by the public treasury. Yes.
If a judge rules with retaliation (qisas) and then his error becomes apparent, does the judge bear the responsibility for that ruling?
Answer:
No, a judge’s error does not obligate him to pay anything. If we were to hold judges liable for their errors, no one would judge between people, because judging is independent legal reasoning (ijtihad), in which one errs and hits the mark. If we were to hold them liable for their errors, this would have to be borne by the public treasury. The judges’ errors are to be borne by the public treasury. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 70 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:00:50)
The Arabic text is a machine transcription of the audio recording.