LessonsAuthority, Ranks and Composite Forms of IjmaQuiz

ولهذا إذا قضى القاضي في حادثة ثم ظهر فسق الشهود أو كذبهم بالرجوع بطل قضاؤه.
Likewise, if a judge rules and the witnesses’ disqualification or falsity later becomes evident through their retraction, the basis of the judgment is undermined.

The court ruling was formally reached on the strength of testimony. If the testimony is no longer legally sound, the judicial justification cannot simply be retained as before. This question concerns the authority of the court’s evidence, not necessarily the private factual merits of the claimant’s claim.

Principle: weakening the legal basis can change the status of a ruling resting upon it.

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A judicial parallel: testimony later undermined

Authority, Ranks and Composite Forms of Ijma

ولهذا إذا قضى القاضي في حادثة ثم ظهر فسق الشهود أو كذبهم بالرجوع بطل قضاؤه.
Likewise, if a judge rules and the witnesses’ disqualification or falsity later becomes evident through their retraction, the basis of the judgment is undermined.

The court ruling was formally reached on the strength of testimony. If the testimony is no longer legally sound, the judicial justification cannot simply be retained as before. This question concerns the authority of the court’s evidence, not necessarily the private factual merits of the claimant’s claim.

Principle: weakening the legal basis can change the status of a ruling resting upon it.