Validity of Judge’s Own Knowledge and Its Challenges

Subject Areas : Philosophy

Asghar  Arabiyan ¹ (ندارد)

Received: 2014-11-10 Accepted : 2014-11-10 Published : 2006-03-21

Keywords: Knowledge, judge’s knowledge, criteria, proofs, Judgment, way,

Abstract :

Judge’s own personal knowledge as one way of substantiation ofclaims has always been emphasized by all jurists especially Shiites onthe basis of some traditions none of which has implication enough inorder to prove that and some may even be used as a basis for lack ofauthority of such a knowledge. Thus, some jurists referred theknowledge in question to necessity of being knowledgeable of juristiccriteria of truth and justice and interpreted those traditions asconformity of trial with juristic criteria. Judge’s personal knowledge ischallenged by later Sunni jurists and in the Iranian juristic system isconsidered refutable through various legal ways which practicallyannounces unauthority of judge’s personal knowledge as a basis forjudgment. Judge’s knowledge of juristic criteria, however, remains anundeniable necessity for judgment