Describing the rulings of courts as Shari'ah or judicial
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. Some people say: Do not call the rulings issued by the courts Shari'ah rulings; rather, call them judicial rulings. They cite the hadith of Buraydah: “Do notSunan Ibn Majah 2858Sahih (Darussalam).” Is what they mention correct?
Answer:
Shari'ah rulings, my brother, are based on ijtihad. This is an act of worship and knowledge. So we say, “This is a Shari'ah ruling,” meaning according to our ijtihad. But we do not say, “This is Allah’s ruling.” No, we say, “This is our ruling and our ijtihad,” and we do not say it is Allah’s ruling.
Honorable Shaykh, may Allah grant you success. Some people say: Do not call the rulings issued by the courts Shari'ah rulings; rather, call them judicial rulings. They cite the hadith of Buraydah: “Do not
do not offer them a promise of the judgement of Allah and His Messenger (ﷺ), rather offer them your judgement
تنزلهم على حكم الله، ولكن أنزلهم على حكمكAnswer:
Shari'ah rulings, my brother, are based on ijtihad
If the judge exerts his ijtihad and is correct, he has two rewards; and if the ruler exerts his ijtihad and is correct, he has two rewards; and if he exerts his ijtihad and makes a mistake, he has one reward
إذا اجتهد القاضي فأصاب فله أجران، وإذا اجتهد إذا اجتهد الحاكم فأصاب فله أجران، وإذا اجتهد وأخطأ فله أجر واحد،
Source
إغاثة اللهفان من مصائد الشيطان 09-04-1435هـ — alfawzan.live (1:09:10)
The Arabic text is a machine transcription of the audio recording.