The place of Judge's Knowledge in the Evidence of Litigation in the Iranian Legal System
Judge knowledge is a method or principles that it should act in various ways to document and justify the verdict they issue. In the first stage, citing legal materials that are codified, and secondly, judicial statistics, and in the third stage, practical principles, it is worth mentioning that there are special practical principles, such as: Asalah al- Saha and its examples, which is a rule and the proof of which is the Qur'an. sayings- consensus – the lifestyle of prophet muhammad and his household (pbut)- and reason. But there are two types of decisions that judges make, one of the is orders (at the preliminary stage) , and the other is the verdict issued by courts concerning the cases of technical and specialized nature, so they are referred to expertise. therefore, to find the truth, the nature of the case finds som scientific aspect with judges, because they issue verdicts on the guiltiness or non- guiltinrss of either parties. nevertheless, judges may not issue verdicts while they are in a state of doubt. And is aware of the guilt and innocence or the declaration of guilt, whether it happened or not, and in any case, the judge can not rule with suspicion and suspicion, and this type of method is not correct. According to the codified laws, and if he does not find any cases, he will issue a verdict bassed on authentic Islamic sources or valid fatwas, and he will not be able to refuse to be examined and issue a verdict due to silence and shortcomings or brevity or conflict of laws.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.