Research Article

Jurisprudential and Legal Review of the Validity of the Expert’s Opinion

Authors

  • Abdul-Qudous Mazhari Department of Jurisprudence and Doctrine and the President of the College of Islamic Sciences at the University of Education and Education, Kabul

Abstract

Experience is one of the methods of judicial proof. It is resorted to, if necessary, revealing or strengthening existing evidence. The increasing role of technical expertise in our modern era comes - due to the accuracy, complexity and often hidden nature of the facts presented to the judiciary - making the judge need help. With experienced and specialized people and benefit from their advice. Undoubtedly, experts are considered among the judicial assistants who cannot be dispensed with in the scientific or technical cases that the judge finds. He cannot consider some cases that require expertise outside his professional speciality. The judge’s goal is to reach the truth to make his ruling. Fair, and this is achieved by seeking the help of experienced people whose opinion is a means of proving the claim. One thing that no two people disagree about is that the judge, no matter how much knowledge and extensive knowledge he has, cannot comprehend all the different sciences and arts, especially the delicate cases, so there is no escape from referring to people of experience, knowledge, and specialization for the judge to issue his ruling based on reassurance and trust and to be closer to achieving the truth and resolving the dispute.

Article information

Journal

Journal of Humanities and Social Sciences Studies

Volume (Issue)

6 (2)

Pages

60-72

Published

13-02-2024

How to Cite

Mazhari, A.-Q. (2024). Jurisprudential and Legal Review of the Validity of the Expert’s Opinion. Journal of Humanities and Social Sciences Studies, 6(2), 60–72. https://doi.org/10.32996/jhsss.2024.6.2.9

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Keywords:

the expert, the expert, Islamic jurisprudence, the theory of the expert, the validity of the expert's opinion