What is the Shaykh’s opinion on contemporary Shari'ah courts regarding the issue of multiple levels?
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Mashhur: Our Shaykh, what is your opinion regarding Shari'ah courts in terms of having multiple levels, meaning appeals in litigation? Must Shari'ah courts be as they were, with a single level, or is it prescribed that there be more than one level and an appeal?
The Shaykh : No, this is from the systems of the disbelievers. There is absolutely no basis for it. You should know that the ruling of a judge is not overturned by the ruling of another judge, and a fortiori, it is not permissible for the judge himself to overturn his own ruling through these three stages known today. The reason for this, in truth, is that they adopted these stages because they know that their rulings are not based on correct evidence. Whereas in Islam,[Al-An'am 6:38] Therefore, we always and forever say that it is not permissible for Muslims to adopt the laws, traditions, and customs of the disbelievers, because they are based on a foundation on the brink of a collapsing cliff. Whereas the judge, as we know from the hadith , the one who appoints himself to be a judge must be satisfied and convinced in his own heart that he is qualified to judge between people with truth, meaning by the Book and the Sunnah. So whoever is of this caliber does not need a first, second, or third stage. The multiplication of judges in a single court is also from the innovations of the disbelievers, and the reason is what I mentioned just now.
The Shaykh : No, this is from the systems of the disbelievers. There is absolutely no basis for it. You should know that the ruling of a judge is not overturned by the ruling of another judge, and a fortiori, it is not permissible for the judge himself to overturn his own ruling through these three stages known today. The reason for this, in truth, is that they adopted these stages because they know that their rulings are not based on correct evidence. Whereas in Islam,
We have not neglected in the Register a thing
ما فرطنا في الكتاب من شيءA judge in Paradise and two judges in Hellfire
قاض في الجنه وقاضيان في النار
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
