Investigation of the Validity of Experts' Opinions in Jurisprudence
Subject Areas : All jurisprudential issues
Hossein
Heidari
1
(Ph.D. Student of Islamic Law, Khorasgan Branch, Islamic Azad University, Isfahan, Iran)
Siamak
Baharlooye
2
(Academic Member of Khorasgan Islamic Azad University, Isfahan, Iran)
Hormoz
Asadi Kohhabad
3
(Faculty Member of Islamic Azad University, Ramhormoz, Iran)
Keywords: expert, solemnity, lexical individual's promise, intellectuals' principles,
Abstract :
The doctrinaire individuals' opinions of lexical experts diverge from each other.Some of them don't admit to the expertise of lexical experts, and don't consider their promises solemn, except in the case of pledge; but, on the other hand, theyconsider them as the ones of testimonial type and liable to testimony; however,the most renowned doctrinaire individuals have stated some rational and relational reasons for their expertise and promise solemnity, that lexical expert is specialized in their field of study and has gained their specialty by doing research in semantics in such a manner that their expertise betokens their pledge, and in case of suspiciousness, they are considered as the specific suspicions who aren't included in the general edict of respect to the act of absolute suspicion. Jurisconsults have referred to lexical experts in most of juridical cases, even in the era of the infallibles (peace be upon them) in order to state the lexical meaning of expressions, as pioneer jurisconsults of Shiite and Sunni religions, with the assumption of their lexical expertise, have referenced lexical experts' texts as one of the ways to distinguish between reality and unreality, in that, their solemnity is innate based on intellectuals' principles in no contradiction to juridical canon (shari'a), and supporting the intellectuals' independent reason as a specific scientific reason; and it is considered as a specialized subject independent of testimony as well. Thus, with proving the expertise of the lexical individuals and their word and promise through the intellectuals' principles, and other juridical principles, the validity of the experts' opinions will be proved.
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