Fiqh Wa Tashree

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    الخبرة وسيلة إثبات في القضاء الإسلامي
    (2003) Abd Al-Naseer Mohammad Shnweer; Dr. Abdulmune’m Jaber Abu Qahouq
    Corroboration and its evidence is important in Islamic law . A person who feels injustice will resort to law to gain his rights. One of these ways was by experience. Our Prophet Mohammad (PBUH) and the four lawful caliphs (immediate successors of Prophet) consulted experts in difficult matters or matters which need special knowledge not found in magistrates. Our Prophet Mohammad (PBUH) applied the deposition of the physiognomies in proving kinship and he accepted Zaid’s translation of Hebrew (the language of Jews ) as an expert in this language. Islamic courts expanded consulting experts and implementing their judgment: distributers, physiognomists, doctors, translators, estimators. at testators of witnesses, and others in cases which they found difficult to judge , or cases which needed ( special ) knowledge. Most jurisprudents didn’t treat experience individually as a way of proving rights in a single chapter in their studies, but they included it as a part of attestation chapter considering experienced people as a kind of witnesses. Some jurisprudents think that on expert is enough to prove rights. Others stipulated consulting more than one expert considering it as a witness. In other aspects, some jurisprudents accepted the witness of one woman if she was an expert or in cases which men aren’t aquatinted with Judges cant dispense the experience of experts, because of the big amount of lawsuits, their complexity and diversity which make it impossible for any judge to be thoroughly aquatinted with these cases comprehensively and make it necessary for him to resort to experts in cases which need an expert. Experience is considered the most important way of confirmation in modern ages, after the development of different sciences. It became possible to disclose crimes using modem scientific means. It also pronounced judgment against many cases depending on development of medical sciences and advanced technologies. Moreover, enormous science development made an expert to preside over confirmation in courts and made it possible for judges not to hesitate in adopting experts .judgment. An example is adopting the experience of linger prints expert to decide if the finger print found in the crime place belonged to the accused person or not. Another example is depending on chemical analyst experience in detecting whether the blood spot found was from the accused person, s blood or not after analyzing nucleic acid. Since life is in continues development which leads to changes in our ways of cohabitation and even in criminals implementing of crimes. This makes it a must to cope with these changes and adopt suitable solutions depending on experts and what they have which is not found in others.