Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The Ruling of the Judge After the Refusal of Reconciliation Based on Denial

Machine translationRead the Arabic original
Question:
So I said: If the defendant refuses reconciliation based on denial, and the plaintiff takes the case to the court, is the judge's ruling considered a settlement, or is it a separate, independent ruling?

Answer:
The judge's ruling is considered binding. It is considered binding, not a settlement. It is binding by virtue of the evidence or by virtue of the denial. The evidence is from the plaintiff, or the oath is by the denial of the defendant, as the Messenger (peace and blessings be upon him) said:
But the proof (Bayyinah) lies on the one who is making the claim, and the other (Yamin) must be taken by the one who rejects the claim.البينه على المدعي واليمين على من انكر
Bulugh al-Maram 1423
This is a great judicial principle: the burden of proof is on the claimant. If people were given what they claimed, people would claim the blood and property of others. But the burden of proof is
the proof (Bayyinah) lies on the one who is making the claim, and the other (Yamin) must be taken by the one who rejects the claimعلى المدعي واليمين على من أنكر
Bulugh al-Maram 1423
. So what reaches the judge is considered binding. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 23 من 89|شرح العدة في شرح العمدة|البيوع|باب الرهن|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:02:25)

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa