Controls for causing judgments

Controls for causing judgments
For His Eminence Sheikh Abdul Rahman Al-Tuwaijri
Praise be to God, and prayers and peace be upon the Messenger of God and his God
Causing judgments is one of the main components of the instrument, and it is a measure of the judge’s proficiency, and it shows the extent of his understanding of the issue and the validity of it
Adapting it to reality and its knowledge balance from the legal texts, jurisprudence rules, the sayings of the scholars and the regular materials, so it must be taken care of and controlled.
1/ One of the pillars of causation is to mention the legal, legal and judicial document
As for the legal document, it is the text from the book, the Sunnah, or other legal evidence such as consensus, analogy, interest, and saying
Companion and so on
And from the legal document are the jurisprudence rules and the considered sayings of the jurists and scholars
As for the legal document, it is the regulations, instructions, circulars, and the like
. As for the judicial document, it is the principles and precedents of the judiciary
2/ The reasons for rulings are of two types
The first: the general reasons (evidence and texts), which are mentioned in the first paragraph
The second: the special reasons (facts), which are what is issued by one of the two opponents, such as acknowledgment, testimony, return, and the like
In the causation of the second type, it is necessary to link the cause of one of the two opponents with the result of this reason, for example
When the witness testifies to the justice of the two witnesses of his opponent, there is no need here to recommend the two witnesses, so it is said in causation and based on
The testimony of the two witnesses modified from the witness
3/ Causation must include a discussion of the evidence and means of proof presented by the two parties and a statement of the correct ones from the corrupt, the effective and the ineffective, and the refutation of the response in whole or in part.
4/ In several cases, the reasoning includes a reference to clues and evidence that appeared during the pleading, from which the judge concludes
Giving preference to one of the two parties, here the judge must stipulate that and how he deduced from the presumption what he concluded, and this is a text
It is the jurists and the system stipulated it as well. I am inclined not to expand in this area, because the judge may be tempted to neglect clear evidence, just the existence of a presumption of this kind, and perhaps the presumption has no effect.
5/ It is important in causation to observe the sequence in the case, first mentioning the plaintiff’s request, then the defendant’s defense, then the evidence, then the defenses and appeals, then the conditioning, then the evidence and legal and regulatory documents, then the judgment
This is a formal arrangement and a formal sequence
6/ Documentation in causation can be divided into three sections
A- What does not need documentation, such as Quranic verses, famous hadiths, and universal rules
B – What does not need to be documented, and if it is trustworthy, it is good, such as unpopular hadiths or well-known sayings in circulation, such as drug cases.
And corruption on earth, for example
C – What needs to be documented, which is the controls or rules stipulated by some scholars and they are on the subject of judgment or sayings
Not well-known, or what is unique to a sect or scholar
In documentation, it is necessary to link to books and sections, not editions and pages, because the chapters do not differ other than the editions
7/ The causation in general and in detail varies according to the different cases, in clarity and ambiguity, in appearance and in concealment.
You need to lengthen the causation, for example, if the lawsuit is for a loan that the defendant acknowledged, then it is sufficient for the causation to be said
And for the defendant’s admission, there is no need to mention the necessity of the judiciary and the judgment of the loan, and that the admission is the master of evidence and that it was issued by choice and what
till then
As for the cases whose reasoning is hidden or the face of the ruling is subtle, these are decided upon, and the reasoning for them is investigated
8/ Too much repetition of causation should be avoided, whether in the evidence or the context of the sayings of scholars, for example, in cases of
Theft, for example.
It is added to that with other generalities such as the Almighty’s saying (And do not transgress.) and other general texts
Similar to that in the sayings of scholars, for example, if the phrase Ibn Qudamah is quoted in Al-Mughni or Al-Kafi, then there is no need to quote words
. The owner of the scout or the creator and the like, because the words of these are only transfers of the words of Al-Muwaffaq and his like
9/ The importance of causation is not limited to the ruling only, but the causation in the procedures is also important
The reason for adjourning the session is very important. Adjourning the session means postponing the ruling on the case, which is either based on a request
The plaintiff or the defendant, or for the need for consideration, such as the application of a deed or questioning experts, and the like, or for an order belonging to the judge, such as contemplation and review, as well as the reasoning for the dismissal of the case, suspension of consideration, interruption of litigation and other procedures
All this must be caused by the systematic and realistic side, according to the course of the litigation and what happened to it
10/ It is necessary to differentiate between judicial causation and scientific research
And a system without prolongation, discussion, or expansion in sayings, excerpts, explanations, and explanations. The reasoning should not turn into research, rooting, abstracting and detailing. Rather, it is from the judge’s perfection and his ability to shorten the reasoning and limit himself to the place of martyrdom without the entire text.
This is what I wanted to point out about the rules of causation, and God knows best