A survey of the judge knowledge from a jurisprudential and legal point of view

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Alireza  Mahdavi ¹ (PhD student in Fiqh and Fundamentals of Islamic Law, Islamic Azad University, Mashhad Branch, Mashhad, Iran)
Hossein  Ahmari ² (Associate Professor, Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran)
Mostafa  Rajaipour ³ (Assistant Professor, Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran)

Received: 2022-08-25 Accepted : 2022-12-04 Published : 2023-03-21

Keywords: judgment, judge, Ijtihad, judge knowledge,

Abstract :

Judging is a subject that received special attention from the perspective of society and scholars of jurisprudence and law. Therefore, in the governance structure, it is deemed as one of the fundamental axes of justice administration. Therefore, the judge is assumed to be the center of justice. In all legal systems, judging, the judge and the judiciary have a special place, but the one who upholds these axes, mete out justice and execute the law is the judge and the justice is dispensed by prudent and fair judges. Hence, the analysis of justice and judge knowledge, one of the primary goals of this research, is of particular importance at the present time. This paper attempts to explore judge knowledge because knowledge is the prelude to the proper administration of justice. The results of this research suggest that judging is a serious matter, and that among the qualities and traits of a judge, the factors of his knowledge and ijtihad are of paramount importance. Now the question raised is that, “Should the judge be a scholar?” “Should the judge's knowledge be limited to ijtihad?” It seems that if ijtihad is seen as essential for a judge, then how will the urgent demand for a judge and the absence of a mujtahid in the current judicial system be solved? And what are the characteristic traits of a mujtahid judge? In light of the questions raised, the present research, which was conducted using document analysis and library study, in form of a jurisprudential and legal review of the knowledge and ijtihad of the judges, sets out to answer the said questions.