The Ruling of the Authority Overturning a Judge’s Discretionary Punishment
Machine translationRead the Arabic original
Question:
Is it permissible for the Imam or the authority to overturn a judge’s ruling in which he imposed a discretionary punishment (ta'zir) on a person for what was truly attributed to him?
Answer:
A judge’s ruling is not overturned except by the competent authority, such as the Court of Appeal. The case is referred to them, and they examine it. If the conditions are not met, they return it. If the matter requires that it be overturned, it is overturned by the competent authority to whom this is entrusted. Yes.
Is it permissible for the Imam or the authority to overturn a judge’s ruling in which he imposed a discretionary punishment (ta'zir) on a person for what was truly attributed to him?
Answer:
A judge’s ruling is not overturned except by the competent authority, such as the Court of Appeal. The case is referred to them, and they examine it. If the conditions are not met, they return it. If the matter requires that it be overturned, it is overturned by the competent authority to whom this is entrusted. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 095-كتاب الحدود - القطع في حد السرقة وحد قطع الطريق - 12-2-2 — archive.org (1:25:50)
The Arabic text is a machine transcription of the audio recording.