If the judge rules against a party, is he entitled to demand evidence?
Machine translationRead the Arabic original
The questioner : Regarding the judiciary, if he established the matter of the judiciary.
The Shaykh : If so.
The questioner : If he established the matter?
The Shaykh : He established it.
The questioner : If he brought up a matter in the judiciary?
The Shaykh : If so.
The questioner : If he brought up a matter in the judiciary?
The Shaykh : A matter in the judiciary.
The questioner : If he rules between the two parties, meaning, is he obligated to provide evidence? I heard that the judges...
The Shaykh : No, no, no. He does not need to. If he rules, the party is not entitled to demand evidence from him. If this door were opened, no ruling would remain without someone objecting and saying, "Where is the evidence?" If he says, "The evidence is such and such," they would say, "What? Can you prove that there is no specification? There might be a hadith that specifies it. Yes, there might be a hadith that abrogates it. There might be a hadith that restricts it. Yes." Then many doors would be opened for him. The original principle is that the judge is trusted. Yes.
The Shaykh : If so.
The questioner : If he established the matter?
The Shaykh : He established it.
The questioner : If he brought up a matter in the judiciary?
The Shaykh : If so.
The questioner : If he brought up a matter in the judiciary?
The Shaykh : A matter in the judiciary.
The questioner : If he rules between the two parties, meaning, is he obligated to provide evidence? I heard that the judges...
The Shaykh : No, no, no. He does not need to. If he rules, the party is not entitled to demand evidence from him. If this door were opened, no ruling would remain without someone objecting and saying, "Where is the evidence?" If he says, "The evidence is such and such," they would say, "What? Can you prove that there is no specification? There might be a hadith that specifies it. Yes, there might be a hadith that abrogates it. There might be a hadith that restricts it. Yes." Then many doors would be opened for him. The original principle is that the judge is trusted. Yes.