Equality of the Muslim and the disbeliever before the judge in the session and the ruling
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. If a Muslim and a disbeliever go to the judge, does he treat them equally in everything, or does the Muslim have a special status over the disbeliever in his session, for example, or otherwise?
The Shaykh:
The meaning of a special status: as long as they are in the process of litigation and in the session, they are equal in sitting, in looking at both of them, and in speaking between them. Yes. Of course.
The questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
(Exalted and Majestic is He) says:[Al-Ma'idah 5:8]. Yes.
The questioner:
And Honorable Shaykh, may Allah grant you success, if it is not permissible for the woman…
The Shaykh:
And when the hypocrites wanted to confuse the Messenger of Allah (peace and blessings be upon him) regarding a theft case, one of the hypocrites stole, and they wanted to pin it on a Jew. They wanted to pin the theft on a Jew. Allah warned His Messenger against that, saying, the Exalted:[An-Nisa 4:107] So Allah forbade His Messenger from listening to the hypocrites. He forbade His Messenger from listening to the hypocrites and from ruling against the innocent Jew: [An-Nisa 4:113]. The story is mentioned in the books of tafsir (exegesis), mentioned in the books of tafsir, when they wanted to confuse the Messenger by pinning the case on the Jew, who was innocent, and clearing the hypocrite who claims Islam. Allah warned His Messenger (peace and blessings be upon him) against that. Yes.
He says: Honorable Shaykh, may Allah grant you success. If a Muslim and a disbeliever go to the judge, does he treat them equally in everything, or does the Muslim have a special status over the disbeliever in his session, for example, or otherwise?
The Shaykh:
The meaning of a special status: as long as they are in the process of litigation and in the session, they are equal in sitting, in looking at both of them, and in speaking between them. Yes. Of course.
The questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
(Exalted and Majestic is He) says:
and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness.
وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَىٰThe questioner:
And Honorable Shaykh, may Allah grant you success, if it is not permissible for the woman…
The Shaykh:
And when the hypocrites wanted to confuse the Messenger of Allah (peace and blessings be upon him) regarding a theft case, one of the hypocrites stole, and they wanted to pin it on a Jew. They wanted to pin the theft on a Jew. Allah warned His Messenger against that, saying, the Exalted:
And do not argue on behalf of those who deceive themselves. Indeed, Allah loves not one who is a habitually sinful deceiver.
وَلَا تُجَادِلْ عَنِ الَّذِينَ يَخْتَانُونَ أَنفُسَهُمْ إِنَّ اللَّهَ لَا يُحِبُّ مَن كَانَ خَوَّانًا أَثِيمًاAnd Allah has revealed to you the Book and wisdom and has taught you that which you did not know. And ever has the favor of Allah upon you been great.
وَأَنزَلَ اللَّهُ عَلَيْكَ الْكِتَابَ وَالْحِكْمَةَ وَعَلَّمَكَ مَا لَمْ تَكُن تَعْلَمُ وَكَانَ فَضْلُ اللَّهِ عَلَيْكَ عَظِيمًا
Source
قناة «العلامة الدكتور صالح الفوزان»، 116 من 123 / شرح كتاب زاد المستقنع / القضاء / صالح الفوزان / الفقه / كبار العلماء — youtube.com (49:27)
The Arabic text is a machine transcription of the audio recording.