Document Type : Original Article
Author
Assistant Professor of Theology Department of Yasouj University
Abstract
Legal rule-making and the formulation of a comprehensive law require the identification, study and analysis of the basics and upstream sources, and on the other hand, judging is a sovereign matter and oversees social claims between individuals (real and legal) and determining the duties and powers of the judge, especially in the application of evidence in the proceedings. In addition to the basic knowledge, it must be the producer of social interests and have a general description, general, clear and, as far as possible, not capable of personal interpretation, etc. has been counted And in these articles, a kind of generalization and lack of clarity can be observed, while Islamic jurisprudence, which is the basis of legal propositions, has recognized the knowledge of the judge through the methods of proving claims with criteria, and on the other hand, the research background of this issue is comprehensive and It does not take into account its legal and legal ambiguities and needs further analysis.
Therefore, the main question of the research is: What is the nature, scope, extent and validity criteria of the judge's personal knowledge in the proceedings? And how is it processed in Iran's legal system?
Method and materials and research approach: In this article, with analytical-descriptive method and using library and internet resources and scientific software, etc., while drawing a legal approach to the knowledge of the judge and its evidential value, and expressing the shortcomings and gaps. Available in the relevant legal articles, it is analyzed and examined in detail, what it is, the extent and evidences of the jurisprudential validity of the judge's knowledge (as one of the evidences to prove the lawsuit).rudence and law
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