The Judge’s Overturning of Another Judge’s Ruling in Light of Solomon’s Judgment
Machine translationRead the Arabic original
Question:
May Allah reward you, Honorable Shaykh. The questioner asks: Is there evidence in Solomon’s (peace be upon him) judgment regarding the child between the two women that permits a judge to overturn the ruling of another judge?
Answer:
This is his ijtihad (independent legal reasoning). This is ijtihad; ijtihad is open. However, if it were an explicit text, it would not be permissible to contradict the text, but this is ijtihad. Yes.
May Allah reward you, Honorable Shaykh. The questioner asks: Is there evidence in Solomon’s (peace be upon him) judgment regarding the child between the two women that permits a judge to overturn the ruling of another judge?
Answer:
This is his ijtihad (independent legal reasoning). This is ijtihad; ijtihad is open. However, if it were an explicit text, it would not be permissible to contradict the text, but this is ijtihad. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [3436/2235] نقض القاضي لحكم قاض آخر في ضوء قضاء سليمان - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.