نوع مقاله : مقاله پژوهشی
نویسنده
ندارد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Judge’s own personal knowledge as one way of substantiation of
claims has always been emphasized by all jurists especially Shiites on
the basis of some traditions none of which has implication enough in
order to prove that and some may even be used as a basis for lack of
authority of such a knowledge. Thus, some jurists referred the
knowledge in question to necessity of being knowledgeable of juristic
criteria of truth and justice and interpreted those traditions as
conformity of trial with juristic criteria. Judge’s personal knowledge is
challenged by later Sunni jurists and in the Iranian juristic system is
considered refutable through various legal ways which practically
announces unauthority of judge’s personal knowledge as a basis for
judgment. Judge’s knowledge of juristic criteria, however, remains an
undeniable necessity for judgment
کلیدواژهها [English]
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