The Ruling of the Judge: Does it Resolve Disagreement When the Judged Party Presents Evidence Contrary to His Ruling and Indicating the Opposite of the Case? Does the Judge Revert from the First Ruling?
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The questioner : ...
The Shaykh : The judge does not revert; he does not revert from the first ruling, even if it becomes clear to him that the correct ruling is different, unless he was negligent in his initial independent legal reasoning. As for the opposing party, the judge is not obligated to accept what the other party’s independent legal reasoning leads to, because the opposing party is, first, considered a suspect, and second, no one is bound by the independent legal reasoning of another. Yes.
The Shaykh : The judge does not revert; he does not revert from the first ruling, even if it becomes clear to him that the correct ruling is different, unless he was negligent in his initial independent legal reasoning. As for the opposing party, the judge is not obligated to accept what the other party’s independent legal reasoning leads to, because the opposing party is, first, considered a suspect, and second, no one is bound by the independent legal reasoning of another. Yes.