قلمرو حجيت علم قاضي در فقه

The scope of probativeness judgeʹs knowledge judgment in filth

One of the questions proposed from the olden times is that: Can judge award on his own knowledge when there are no confession, evidence and oatʹ? In this article four doctrines have been proposed by Shiite jurisprudents and three by Sunni ones. Here the study of resources of upholders and adversaries demonstrates that as for the right of God the agreeable reasons canʹt prove this claim and performing the legal punishment is conditioned to prove in the legal ways but in the case of peopleʹs right if judgeʹs knowledge is based on acceptable evidence it is probative and he can verdict upon it , and determines punishment for the offender except for legal ones ,but if he verdicts based on his own personal knowledge when loss of authentic evidence, the proofs of persuasiveness concerning judgeʹs knowledge is not enough and judge should not accise himself and judicial system and either in the Allah,s right or peopleʹs right although being aware of falsehood of the evidence he shouldnʹt verdict in the opposite of his own idea and be confined to the above evidence, because the evidence of obligatory of truly and judicially judgment doesnʹt let him just in spite of the truth.