Document Type : research
Authors
1
Ph.D. student of Fiqh and Fundamentals of Islamic Law, Faculty of Theology, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2
Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology, North Tehran Branch, Islamic Azad University, Tehran, Iran.
3
Assistant Professor, Department of Jurisprudence and Law, Faculty of Theology and Islamic Studies, North Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2024.457874.1802
Abstract
Background and Purpose: The evidence to prove the claim plays an essential role in the judicial process. The correct and legal process of proof is one of the characteristics of a fair trial. One of the legal ways to prove a credibility among other evidences to prove a claim. Based on this, the purpose of this article is to examine the validity of the judicial emirate as a source of knowledge for the judge.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that the authority of the Judiciary Emirate of Knowledge for the judge has been approved by Sharia with Sharia reasons. The judicial emirate is an indirect proof because the judge discovers the unknown based on the known and this emirate has a specific origin, including the suspicions of the prosecutors, circumstances and customs.
Result: The result is that the examples of judicial emirates cannot be counted and limited in any way, but the most important examples are expertise, of this reason is left to the judge's opinion, which can be cited in human rights claims and in When the judicial authority conflicts with other evidences to prove the case, it has the ability to confront other evidences except the official document and confession.
Keywords
Subjects