The obligation of judges to exercise care and scrutiny to reach the truth
Machine translationRead the Arabic original
Question:
The presumption derived from this apparent evidence is far stronger than the presumption derived from two witnesses, or one witness and an oath, or mere refusal to take an oath or denial. Also, the burden of proof lies with the claimant, and the proof is what clarifies the truth, custom, and practice. The strong apparent evidence, which, if it does not establish certainty, is closest to certainty, indicates the truthfulness of the husband and the falsehood of the woman in her withholding of clothing and financial support for a period of years.
Answer:
For the poor. In her withholding. In… The strong apparent evidence, which, if it does not establish certainty, is closest to certainty, indicates the truthfulness of the husband and the falsehood of the woman in her withholding from the husband. The poor, the funerals, here there is no wealth and no earnings. That is, she is reluctant to make demands. This issue varies according to circumstances, and it is obligatory for the judges to be cautious; because some husbands may not be prompt, may not care for her, may boycott her, especially if he has other wives. The point is, as the teacher (may Allah have mercy on him) said, custom and apparent evidence must be the basis for judgment in this, but circumstances vary according to the conditions of people in every time and place. The judges must scrutinize, must look and reflect, and must not rush to comply with the woman in her claim or the husband in his claim. Many husbands, as we know now, do not care about women and wrong them greatly. So, the upshot is that the judges must be careful, must exercise care and scrutiny, and must not be hasty, so that the right is delivered to the one who is its rightful owner. Yes.
The presumption derived from this apparent evidence is far stronger than the presumption derived from two witnesses, or one witness and an oath, or mere refusal to take an oath or denial. Also, the burden of proof lies with the claimant, and the proof is what clarifies the truth, custom, and practice. The strong apparent evidence, which, if it does not establish certainty, is closest to certainty, indicates the truthfulness of the husband and the falsehood of the woman in her withholding of clothing and financial support for a period of years.
Answer:
For the poor. In her withholding. In… The strong apparent evidence, which, if it does not establish certainty, is closest to certainty, indicates the truthfulness of the husband and the falsehood of the woman in her withholding from the husband. The poor, the funerals, here there is no wealth and no earnings. That is, she is reluctant to make demands. This issue varies according to circumstances, and it is obligatory for the judges to be cautious; because some husbands may not be prompt, may not care for her, may boycott her, especially if he has other wives. The point is, as the teacher (may Allah have mercy on him) said, custom and apparent evidence must be the basis for judgment in this, but circumstances vary according to the conditions of people in every time and place. The judges must scrutinize, must look and reflect, and must not rush to comply with the woman in her claim or the husband in his claim. Many husbands, as we know now, do not care about women and wrong them greatly. So, the upshot is that the judges must be careful, must exercise care and scrutiny, and must not be hasty, so that the right is delivered to the one who is its rightful owner. Yes.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 125 - الواجب على القضاة العناية والتبّصر لإيصال الحق - فوائد إغاثة اللهفان من مصائد الشيطان — youtube.com
The Arabic text is a machine transcription of the audio recording.
