خلاصة:
Humans are social beings by nature who must interact and live with their own kind to meet their needs and avoid harm; consequently, they must have continuous and permanent communication with one another. In the course of these communications, each individual consequently has rights and duties, the observance of whose rules and laws is mandatory to preserve society from chaos. In this process, sometimes for various reasons, the rights of individuals come into conflict with each other. In this regard, human society, in order to preserve privacy, respect rights, and prevent infringement on each other's rights, has from the beginning drawn up rules and regulations that govern its relations in the form of custom and social practice. Therefore, the personal knowledge of the judge in Islamic jurisprudence and judiciary has been predicted as one of the methods of proving a claim, which has been emphasized since the beginning of Islam by the views of jurists, especially Imami jurists, and has long been discussed in scientific, jurisprudential, and seminary circles. In this regard, arguments have been presented that can be said to grant the judge's knowledge evidentiary validity, and granting validity to the judge's knowledge based on the requirements of the current time is of great importance because, given the complexity of the contemporary world and its deceptions and tricks, it may not be possible to achieve justice through legal and Sharia evidence alone, such as confession, testimony, and qasamah. In this pioneering research, using a descriptive-analytical method, we aim to examine the judge's knowledge as a basis for discovering the truth in judicial proceedings. According to the research findings, the judge's knowledge is considered one of the most important pieces of evidence for proving a claim, which has from the beginning been the focus of the Divine Legislator, traditions, and the consensus of Imami jurists.
ملخص الجهاز:
ــ Jafari Langroudi, Mohammad Jafar; Legal Terminology / Tehran, Ganj Danesh, 1387, 19th edition, ــ Jafari Langroudi; Mohammad Jafar, Journal of the Faculty of Political Science and Law, University of Tehran, No. 21, 1358 ــ Khomeini, Ruhollah, Tahrir al-Wasilah, Vol. 2, Qom, Islamic Publications Office, 1370 ــ Khorsandian, Mohammad Ali, Investigation of the Authority of the Judge's Knowledge in Iranian Jurisprudence and Law, Justice Law Journal, Summer 1382, No. 43.
ــ Yathribi, Ali Mohammad; Investigation of the Judge's Knowledge in Jurisprudence and Law; Legal Thoughts, Year 4, No. 11, 1385 claim, use it, and based on the knowledge he has obtained, proceed to issue a verdict and uphold the right.
"7 Such as Article 102 of the new Code of Criminal Procedure, which states: "Any kind of investigation and inquiry into the crimes of adultery, sodomy, and other crimes against chastity is prohibited, and questioning any individual in this regard is not permitted, except in cases where the crime occurs in public view or has 1- Hilli, (Muhaqqiq), Ja'far ibn Hasan, Shara'i al-Islam fi Masa'il al-Halal wa al-Haram, Vol. 4, p.
Investigation of the Judge's Knowledge as a Basis for Discovering the Truth in Judicial Proceedings / 5 In Article 211 of the Islamic Penal Code approved in 1392, the definition of the judge's knowledge is stated: "The judge's knowledge consists of the certainty obtained from clear documents regarding a matter presented to him.
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