The judge ruled his knowledge
DOI:
https://doi.org/10.36473/ujhss.v225i2.154Abstract
About this subject, it’s necessary at first the beginning say the words of the ulema in
this regard .
The jurists have two views in this regard :
First: the license absolutely that is famous for the jurists.
Second : the detail between two situations if rights for the people the judge can rule with his knowledge , if this is god’s rights he can’t rule with own knowledge .
Then on this topic it’s necessary to investigate two issues :
First : the reasons allowed the Judge to judge based of his own knowledge as well as explaining the reasons for who denied the knowledge of the Judge with his own .
Second : discussing the meaning of the Judge’s scientific knowledge and the scientific matters of the Judge .
And in the end consider two remarkable notes : first one is assisting certified persons in judging , next one is if we don’t accept the judge of the Judge according to his own knowledge what cases can he judge according to his own knowledge !?