The authority of the judge in the jurisprudential sources and opinions of Islamic thinkers

Abstract

One of the most important and challenging issues in the evidence system is the subject of the judge's knowledge and the principles and ways to achieve this type of evidence. In the Islamic Penal Code of 1392, the knowledge of the judge is included in the list of other evidences to prove the case. These arguments, even if they are subject matter, are valid in the form of the judge's knowledge, so it has a fluid role in proving the case and has overshadowed the whole field of proof. However, no restrictions have been placed on this and the framework is unclear. In Islamic jurisprudence, which is the source of the provisions of the "Islamic" penal code, the authority of all evidence to prove the claim is widely given, which is natural to analyze all of them is a very large task. The scientific authority of the knowledge of the judge in Islamic jurisprudence and among Islamic thinkers has been studied in this brief. This issue is very important due to the basis of jurisprudence in the legal system of our country. Therefore, in this article, by analytical-explanatory review, we will try to collect, critique and review the existing opinions. In this regard, we will use books, articles, jurisprudential and judicial ideas.