• 5:01 PM
  • 18 January 2022

Previous authoritative judicial

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Previous authoritative judicial

It is well known that the judicial judgement is partial to the parties to the adversarial, it is private, only to the successor to the inheritance or to the sale and the way, it moves to the back loaded with this provision, and this with regard to the dispute between the parties of the adversarial, it is not possible to respect others but what is the matter of considering the sentence as Legal assistance is applied to the counterpart of the incident and is invoked in the judgement as a general law requiring other litigants to adjudicate cases as a precedent?

To answer this, it must be free that when the judge receives the substantive judgment on which the confiscation is based, the ruler, as Ibn Taymiyah says (e: 728 AH): “The verdict is proof; the evidence of the judgments of the book, Sunnah and unanimity and what the Sahaabah and scholars have spoken to today with a good intention”, [13] Depends on this evidence, including the words of the scholars. It is not necessary to resume the diligence in deciding this, except to the extent of weighting between words where appropriate and this is what the relying on long time, and if the judge’s ruling is new coming down, which is not provided by the scholars, is that obligatory for him or others in receiving the counties?.
Right: The judicial precedent, if it is due to be considered and rooted and correct, is based on the judge who issued it or the other judges to accept it, and the judiciary of what the righteous have done in our ancestor, this is Abdullah bin Massoud-May Allah be pleased with him-as narrated by Abdul Rahman ibn Yazid says : “From the offer of you to spend the day after, to spend what in the Book of God, if it comes not in the Book of God, to spend what his prophet (peace and blessings of Allaah be upon him), if it is not in the Book of God and No Prophet (peace be upon him), to spend what the righteous people have done, if it is His Prophet (peace and blessings of Allaah be upon him) did not do so and the righteous did not do so.

This is what scientists know about the followers and the meaning of it: following up on others ‘ words after knowing its evidence. [15].

If it is not correct and not built on it, it is not based on it, because the reality and the situation is not true.

However, if the precedent of the case continues to be worked out, the judge may not violate it except with a significant reasoning, taking into consideration the need to eliminate the work done, which is a doctrine adopted by many of the Maliki scholars and which they have decided to veto. [16].

Does the judge change his previous jurisprudence if he appears to be more likely to be more diligent than his first case or a first measure than he has ever been? If this is the case, he will be judged for what has finally appeared, and Omar-May Allah be pleased with him-this is a celebration and application, he said in his speech to Abu Musa al-Ashari-May Allah be pleased with him-he said: “And it does not prevent you to spend it today so I checked your opinion and you guided it to your senses to review it right, the old right does not invalidate E Nothing, review the right is better than to persist in falsehood “. [17].

He has applied Omar-May Allah be pleased with him-that: a woman who died and left her husband, mother and sisters to the mother and sisters of her father and mother was raised to him, so he involved Omar–may Allaah be pleased with him–between the brothers to the mother and siblings to August and the mother of the third male and female alike, and said: Their father only grew up close, and a man said to him: Omar said: “That’s what we spent and that’s what we spend.” 18