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The question

What is the interpretation of considering positive testimony as superseding negative testimony in proving the existence of a well, especially when the opinions of committees differ, and is adopting the second opinion in this case correct?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is true that among the rules for preferring evidence is prioritizing affirmative evidence over negative evidence. However, this is not always a strict rule. Affirmative evidence might be less credible, or negative evidence might be clearer in its implication, or the judge might know from the litigants' circumstances what invalidates the evidence. Rulings are determined by what the town's judge rules based on strong evidence. It is not permissible for another judge or a to contradict it except with clear evidence that refutes the argument, or if the ruling contradicts a consensus, a clear text, or a clear analogy. In such a case, the matter is referred to the competent courts to review the ruling. Therefore, we advise contentment with the court's judgment to end disputes and resolve conflicts.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
84879
Imported
Translation status
Source text, unreviewed
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