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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The discussion regarding the rulings of the judiciary.

Machine translationRead the Arabic original
The Shaykh : We also mentioned that the formula for appointing a judge is not restricted to a specific word; rather, any word that indicates appointment establishes the appointment. One might say, "I have appointed you," or "I have made you a judge," or "I have entrusted you with the judgment in such-and-such a country," or the like. This is because the rule in all contracts is that they are concluded by whatever the words indicate according to custom, as the words of contracts do not have a specific religious term that is worshipped through. The exception to this, according to the school of thought, is marriage, but the correct view is that it is not an exception. It was also previously mentioned that the general authority of judgment implies ten things. These implications are not a religious ruling that must be applied, but rather according to custom; it is permissible to add to them or remove from them. We also mentioned, in what we enumerated before, that some of these things which the jurists said the authority implies have now been removed from the judge. For example, endowments were previously attached to the judges, but now they have a specific ministry. Similarly, oversight of business interests was previously attached to the judge, but now it has a specific ministry. It was also previously mentioned... no, it was not previously mentioned.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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