The Validily of a Judge's Knowledge in View of the Islamic Jurisprudence

Knowledge means a person’s cognizance and awareness of the essence of realities and phenomena in the environment. Similarly a judge’s cognizance and awareness of realities and common affairs are the basis of ligitation that enable him to make judgments. Owing to the fact that lawmakers define the grounds for the justification of judgements, the article surveys whether a judge’s cognizance is an important factor in his judgment. The principles of legal procedure in the civil law has changed considerably. Since passing the law on the principles for legal decisions on 18 Aban, 1290 A.H. 9 November, 1911 A.D judges were at one time strictly forbidden to undertake investigations.Now they are allowed to undertake any kind of investigation in the purpose of finding out about the realities behind crimes.Despite this the alteration has not at all been to the effect that judgments in civil cases would become similar to those in criminal cases. In criminal cases where the so – called principle of the satisfaction of conscience is applicable, the value and validity of the reasons for the justification of judgements depend on the judge’s full cognizance.Thus, in criminal cases judges not only have the right to undertake any kind of investigation with the purpose to find out about the realities, but also are dutibound to do so. Here the validity of a judge’s cognizance is unconditionally respected.