Is the ruling of a judge between two people binding?
Machine translationRead the Arabic original
The questioner : The dispute in the matter between two people.
The Shaykh : Between what?
The questioner : Two people.
The Shaykh : Two people.
The questioner : So if a judge rules between them, is his ruling binding? And if he rules, is his ruling under the verse:[Al-Ma'idah 5:44]? And if this matter is not ruled upon, or if he rules that both take this matter, and they have not fallen into rejecting the command of Allah - Blessed and Exalted is He -?
The Shaykh : Clarify your question? The judge has two states: The first state is that he rules with what Allah has revealed. If that is the case, it is not permissible to reject his ruling, even if it is contrary to the desire of the one being judged. As for if his ruling is not derived from the Book of Allah and the Hadith of the Messenger of Allah - peace and blessings be upon him -; then the one being judged has the right to reject it, rather, he must reject it. Did you understand my answer?
The questioner: Yes.
The Shaykh : And perhaps that is the answer to your question?
The questioner : I am adding a point.
The Shaykh: Go ahead.
The questioner : I mean if two people dispute over a normal matter, then they choose a person who is suitable for them, who is the most knowledgeable or the most pious among them, or as we see, for example, then he rules between them in this matter, ruling between them in what they disputed over in a worldly matter or a matter of the Hereafter, as may have occurred.
The Shaykh : The answer returns - may Allah bless you -; there is nothing new in your explanation.
The questioner : I mean the judge who is not appointed by the Imam or the Caliph, or who is a judge.
The Shaykh : And I mean an individual from these brothers, I do not mean the Supreme Judge. Did he rule by the Book of Allah and the Sunnah of the Messenger of Allah between the two disputants who referred to this judge, or not? One of them? My previous answer returns, so there is no difference for me between the Imam - who is he? - the Caliph, and his deputy, and the deputy of the deputy, until it reaches an arbitrator who is appointed to arbitrate between two people differing in a simple or serious case. If it is a condition upon this judge, let us call him a permitted judge; clear? Let us call him a permitted judge, but it was a condition upon him, either originally because he is a Muslim, or by custom in the council, it was said to him: We choose you as a judge to rule between us by the Book of Allah and the Hadith of the Messenger of Allah - peace and blessings be upon him -; so he ruled between them, and his ruling was contrary to the Book and the Sunnah, this ruling is not executed. This is my answer; so what is your answer? I understood your intention, and do not think that I did not understand it.
The questioner : No, I do not think so.
The Shaykh : Then you say: Your intention is such and such.
The questioner : My intention.
The Shaykh : I understood your intention.
The questioner : But I did not understand the answer!
The Shaykh : Okay then; why do you not understand?
The questioner : With this verse, implicitly, along with the previous speech.
The Shaykh : May Allah bless you; I appoint you and Zayd in my material dispute between me and this person, and I condition upon you both that you rule by the Sharia evidence, so you ruled between us by Swiss law, or French law, or whatever earthly law you wish; will your ruling be executed?
The questioner: No.
The Shaykh : Then why do you say you did not understand me?
The questioner : And if he ruled.
The Shaykh : Yes?
The questioner : And if he ruled and one of them rejected the ruling; will it be a rejection of the ruling of Allah?
The Shaykh : I seek refuge in Allah that it is true, you are not understanding me. I am telling you - may Allah bless you - : The arbitrator ruled by French law, he ruled by French law; he did not rule by the Sharia ruling, so one of them rejected it; what remains in the matter? Will it be executed?
The questioner: No.
The Shaykh : The matter is finished, or do you intend something else?
The questioner : You said you understand my intention.
The Shaykh : Yes?
The questioner : I said you understand my intention.
The Shaykh : Yes, I understood your intention, but is it not time for me to understand your intention with all this talk?!
The Shaykh : Between what?
The questioner : Two people.
The Shaykh : Two people.
The questioner : So if a judge rules between them, is his ruling binding? And if he rules, is his ruling under the verse:
And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
ومن لم يحكم بما أنزل الله فأولئك هم الكافرونThe Shaykh : Clarify your question? The judge has two states: The first state is that he rules with what Allah has revealed. If that is the case, it is not permissible to reject his ruling, even if it is contrary to the desire of the one being judged. As for if his ruling is not derived from the Book of Allah and the Hadith of the Messenger of Allah - peace and blessings be upon him -; then the one being judged has the right to reject it, rather, he must reject it. Did you understand my answer?
The questioner: Yes.
The Shaykh : And perhaps that is the answer to your question?
The questioner : I am adding a point.
The Shaykh: Go ahead.
The questioner : I mean if two people dispute over a normal matter, then they choose a person who is suitable for them, who is the most knowledgeable or the most pious among them, or as we see, for example, then he rules between them in this matter, ruling between them in what they disputed over in a worldly matter or a matter of the Hereafter, as may have occurred.
The Shaykh : The answer returns - may Allah bless you -; there is nothing new in your explanation.
The questioner : I mean the judge who is not appointed by the Imam or the Caliph, or who is a judge.
The Shaykh : And I mean an individual from these brothers, I do not mean the Supreme Judge. Did he rule by the Book of Allah and the Sunnah of the Messenger of Allah between the two disputants who referred to this judge, or not? One of them? My previous answer returns, so there is no difference for me between the Imam - who is he? - the Caliph, and his deputy, and the deputy of the deputy, until it reaches an arbitrator who is appointed to arbitrate between two people differing in a simple or serious case. If it is a condition upon this judge, let us call him a permitted judge; clear? Let us call him a permitted judge, but it was a condition upon him, either originally because he is a Muslim, or by custom in the council, it was said to him: We choose you as a judge to rule between us by the Book of Allah and the Hadith of the Messenger of Allah - peace and blessings be upon him -; so he ruled between them, and his ruling was contrary to the Book and the Sunnah, this ruling is not executed. This is my answer; so what is your answer? I understood your intention, and do not think that I did not understand it.
The questioner : No, I do not think so.
The Shaykh : Then you say: Your intention is such and such.
The questioner : My intention.
The Shaykh : I understood your intention.
The questioner : But I did not understand the answer!
The Shaykh : Okay then; why do you not understand?
The questioner : With this verse, implicitly, along with the previous speech.
The Shaykh : May Allah bless you; I appoint you and Zayd in my material dispute between me and this person, and I condition upon you both that you rule by the Sharia evidence, so you ruled between us by Swiss law, or French law, or whatever earthly law you wish; will your ruling be executed?
The questioner: No.
The Shaykh : Then why do you say you did not understand me?
The questioner : And if he ruled.
The Shaykh : Yes?
The questioner : And if he ruled and one of them rejected the ruling; will it be a rejection of the ruling of Allah?
The Shaykh : I seek refuge in Allah that it is true, you are not understanding me. I am telling you - may Allah bless you - : The arbitrator ruled by French law, he ruled by French law; he did not rule by the Sharia ruling, so one of them rejected it; what remains in the matter? Will it be executed?
The questioner: No.
The Shaykh : The matter is finished, or do you intend something else?
The questioner : You said you understand my intention.
The Shaykh : Yes?
The questioner : I said you understand my intention.
The Shaykh : Yes, I understood your intention, but is it not time for me to understand your intention with all this talk?!
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.