The Validity of the Judge's Knowledge to Prove Rape with a Comparative Approach to Jurisprudence and Law

The knowledge of the judge is one of the proofs of the claim in Imamiyyah jurisprudence and criminal law of Iran. The knowledge may be obtained from the contents of the case or from the judge's sensory observations. Despite the fundamental differences of Islamic penal policy in response to prescribed and punitive crimes, specifically crimes against chastity, using the knowledge of the judge will lead to a policy of tolerance or strict criminal punishment for these crimes. This article examines the views of the jurists in this respect and concludes that the general policy in crimes against chastity is forgiveness, impunity and tolerance, but in the case of rape due to the violation of public decency and deprivation of security of individuals and society, the policy of intolerance and maximum acceptance of the knowledge of the judge is dominated as one of the most important reasons to prove the claim. Also, Iran's criminal law has taken the same procedure in response to this crime.