Legal Validity of Experts Decisions in Shiite and Sunni Jurisprudence along with a Comparative Study in Arab Countries

Document Type : Research Article

Authors

1 Assistant Professor of the Research Center of the Islamic Consultative Assembly.

2 Researcher at the Research Institute for Intercontinental Studies in Culture, Art and Communication

Abstract

The judgment or decision of the experts is one of the evidence substantiating claims. The present article is an attempt to study the foundation and authority of this issue in the Shiite and Sunni jurisprudence, as well as the law of some Arab countries. Investigating some relevant issues in jurisprudence and principles of jurisprudence such as  the authority of non mutawatir tradition and validity of the judgment of experts in physiognomy and translation, the article aims at substantiating the point that the judgment of experts has an Islamic foundation being considered as an Islamic evidence towards substantiating claims.
This is due to the fact that the means of substantiating rights are the ways of adjudication. So in an Islamic legal system, the ways of achieving rights should be Islamic if we expect to have an adjudication recognized by Islam. As a result, the study of historical background of referring to experts views and judgments and their legal validity in the Quran, the Sunnah and the intellect can easily prove the legal validity of this issue as on of the evidence substantiating claims in civil as well as criminal cases.

Keywords

Main Subjects

Files

History

  • Receive Date: 07 April 2012
  • Revise Date: 09 April 2012
  • Accept Date: 15 June 2012

Share

How to cite

Statistics