أثر الحكم القضائي في المجتهدات

Abstract

This study aims to clarify the effects of what is issued by a judge, such as deciding a binding right, in the cases wherein the judge does his best to end a litigation؛however, he may have rendered a wrong judgment, for it is an interpretative one rather than a judgment nisi. The judge’s verdict is what is delivered by the judge regarding the litigants in order to decide a binding right؛its role in the mujtahadat is that it settles any legal dispute with him or between the disputants. Then, it becomes irrevocabbly binding on him, other judges and the Muftis who shall not issue fatwas contradicting that verdict. Then, it shall be executed by the judge or whomeever the judge shall order to do so even if the ordered party was a scholar or jurist. Finally, it becomes an enforceable judgment.