Author
Abstract
The truth of translation and judgment, translation in linguistic means explanation the speech in another language, or transfer it form language in to another one, and in Conventional Meaning it means the expressing in another language a lot of those who do not understand the language.
Judiciary in language: it means the rule, and conventional means looking between the litigants and to solve the litigant and to finish disputes, the conditions of Judiciary are maturity, rational, freedom and Islam and must be responsible and have knowledge in Fiqh.
Whereas, the ruling on requiring the number in the translation in the judiciary two opinions for Jurists: First saying: number is not necessary in translation and accepted of one translator, second saying: number is necessary , and there must be two translators in two matters : first one if the right do not be accepted two men or one man and two women, and if the right was not in funds, this can only be accept by two men, second matter, there must be fourth witnesses, and the most correct saying is the second one in the first matter: whom said two men if the problem was in funds or in others, and the first saying in second matter whom said two witnesses in adultery , this in interpreting disputes' saying or the witnesses in front of Judge, and one translator is enough in interpreting Judge's saying for disputes.
The rule of using translator in Judgment, if the Judge was now the languages of disputes and witnesses in this case the translation is not necessary, and if he doesn't' now their language the translator is necessary.
The rule of translation as witnessing or saying, there are two opinions of Fuqah, the first opinion consider translation is an inform, the second opinion consider it as witness, the accurate opinion is the second.
There are two opinions in rule of utter the testimony in translating in judgment: first one, it is necessary, second , isn't, the accurate opinion is the second.
The rule of blind's translation in three opinions; the first opinion it is not allowed, the second opinion the blind can be as a witness in translation on condition no one speak in sitting just the disputes, If some of them speak, his witness doesn't accept in translation. The third opinion is blind's translation is allowed, the second opinion is accurate.
While the rule of women's translation in judgment in three sayings: if her translation was about funds it is acceptable, and if her translation was about rules and punishments and such as matter doesn't accept her translation. The second saying women's translation can be accepted as alone. The third saying is the one women if she was trusted and free not maid in this case her translation is acceptable, the accurate saying is the first one. While the rule of father's and mother's translation in two sayings, the first one is not allowed , the second is allowed, the accurate saying is the first.
The rule of translation the two translators about others, there are two opinions : the first opinion is : the translator of one of the adversaries may be the translator of the other. The second opinion, there must be for every adversary two translators and It is not enough for two witnesses or opponents of the Ajami translators, the first saying the accurate
While the rule in free of translator in Judgment in the Shaafa two opinions: the first one , translator must be given from house of money, the second opinion his fee must be on who translate for.
And I had shown the difference between the translator and auditor and the difference between the witness and saying, then I have finished the paper with conclusion mentioned the important, then mentioned the references which I have used in my research paper.
Finally , Praise be to Allah, Lord of the Worlds , and peace and blessing be upon our prophet Mohammed and on his companions.
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