Rereading the basics of citing the personal knowledge of the judge in twelvers jurisprudence and Iran's judicial system

Asgari, Abbas; Heydari, Sajjad

doi:10.30497/irj.2022.76391

Rereading the basics of citing the personal knowledge of the judge in twelvers jurisprudence and Iran's judicial system

Document Type : Original Article

Authors

abbas asgari ¹

Sajjad Heydari ²

¹ PhD student of jurisprudence and private law, Shahid Motahari University, Tehran, Iran

² PhD student of jurisprudence and fundamentals of law, Semnan University, Semnan, Iran

10.30497/irj.2022.76391

Abstract

The permissibility of a non-innocent judge relying on his personal knowledge in issuing a verdict is one of the old and long-standing issues of jurisprudence, which has become a problem today and is a problem for the judicial system. The personal knowledge of the judge in Islamic jurisprudence has been emphasized since the beginning of Islam as one of the ways to prove the case according to the consensus of the jurists, especially the twelvers jurists. Since the main origin of laws related to jurisprudence is, it is necessary that the opinions and evidences of jurists regarding the science of the judge should be investigated from a jurisprudential point of view. In the present article, which is written in a descriptive-analytical method, after expressing the opinions raised about the said issue in jurisprudence and law, the foundations of the theories are examined. Considering the challenges of citing the knowledge of the judge by authorized judges in the judicial system, it goes without saying that today in the Islamic Republic of Iran, there is a way to standardize the judicial method in Islamic courts - even according to the famous creed among recent scholars (the absolute validity of the knowledge of the judge)- It can be used, limiting the competence of the authorized judges by the guardian is that the established lawful fixed ways of judging, such as testimony and oath, are considered valid by them, not cases that have personal knowledge.

Keywords

personal knowledge of the judge

jurisprudence

Islamic law

judicial system

judge