Examples of Reference to an Expert in Emamiyah jurisprudence and Iranian Law
Subject Areas : فصلنامه مطالعات میان رشته ای فقه
Mohammad Ojagh
1
,
Mohammad Ali Safa
2
,
Mehdi Bahrehmand
3
1 - Instructor of jurisprudence and fundamentals of Islamic law, Tehran Markaz Branch. Azad University, Tehran, Iran
2 - Associate Professor of jurisprudence and fundamentals of Islamic law, Azad University, Jiroft, Kerman, Iran
3 - Assistant professor of jurisprudence and fundamentals of Islamic law, Azad University, Jiroft, Kerman, Iran
Keywords: Iranian Law, Expert, evidence to prove a claim, Emamiyah jurisprudence,
Abstract :
An expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in order to resolve legal and criminal cases. put In fact, the purpose of the current research is to examine jurisprudential and legal examples of referring to an expert, which is written in a descriptive-analytical way and with library tools, and the findings of the research indicate that in the current situation and with the specialization of affairs and also considering the complexity Court cases, especially in the fields where the judge has no expertise in this field, there is no other option but to cite and refer to the expert's theory. In order to give validity to the evidential power of the said theory, the legislator has set conditions, including the reliability of the expert, and if those conditions are established, the opinion He considers the expert to be reliable, although due to the large number of cases and the ease of the proceedings, he does not consider it necessary to achieve justice even in the criminal cases referred to the forensic medicine because it is not easily possible, and he cites the doctor's theory. But the existence of these conditions does not mean that the judge is obliged to give effect to the expert's opinion, except in cases of non-compliance with the researcher's circumstances. Therefore, if necessary, the judge will refer to the expert's opinion, and he is free to accept or reject it, and basically, the judge will examine and evaluate the evidence based on his broad authority.
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