Evaluation and basics of expert opinion with the knowledge of the judge and testimony in the societies

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 and Faculty Member, Department of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Hamadan Branch. Hamedan. ایران

Abstract

Attention to the rapid specialization of science and its increasing impact on jurisprudential and legal inference, has led researchers in Islamic jurisprudence and law to further explore the position and impact of expert theory. Referral to an expert has a long history in human social life; But in the contemporary era, with the advancement of science and technology and rapid developments in social life and its complexity, the importance of expertise has multiplied. In legal proceedings, the expert has also become extremely important, so that few cases can be found in which the need to refer to an expert is not felt. Therefore, correct knowledge of issues related to the validity of expert opinion has an effective role in the administration of justice; This research has descriptively-analytically examined the evaluation and expertise of experts with the knowledge of judges and testimonies. The results of the research showed that expertise as one of the most basic ways of proving litigation in resolving disputes and legal claims in Counts are counted. Therefore, the relationship between the opinion of experts and the knowledge of the judge has not been considered and discussed except in scattered cases.

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