Document Type : Original Article
Authors
1
PhD Student in Jurisprudence and Fundamentals of Islamic Law, Hamadan Branch, Islamic Azad University, Hamadan, Iran
2
Assistant Professor of Theology, Bu Ali Sina University, Hamadan, Iran.
3
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Hamadan Branch, Islamic Azad University, Hamadan, Iran
Abstract
From all that has been stated in jurisprudence, it is clear that the most important reason for the validity of the opinion of experts is the behavior of the wise on referring to experts and the rule of ignorant reference to the world. In addition, the necessity of gaining trust and confidence in the opinion of experts has sometimes been emphasized, and some have even considered the conditions of testimony necessary. For all these reasons, there are still opinions that contradict the authority of the experts, On the basis that, although the rationale is to refer to experts in matters relating to experts, this does not mean that the Shari'a's opinion always agrees with the rational. Also, in the Shari'a, there is no evidence that the opinion of the expert is signed by the Shari'a, and since acting on suspicion is also forbidden, acting on the promise of the expert is not permissible. Of course, in assessing the conflict of expert opinions, it should be said that there are many rulings for which there is no text from the Shari'a And as it was stated, not rejecting the Shari'a in matters such as the principle of correctness, single news, etc. can be a license for their correctness. Also, if the words of the experts are not considered valid, a vacuum will be created in specialized issues related to the experts, and according to the jurists, the scientific chapter will be blocked.
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