قضاء القاضي بعلمه بين الشريعة و القانون : دراسة مقارنة

الملخص EN

There is no doubt that the judiciary means judge between people & to judge with justice، and that the presence of the judge and the separator in the discounts is necessary to exist، to regulate the lives of people، since discounts & conflicts occur in social life، because of the contention of rights and funds، so requires the existence of a judicial authority to adjudicate discounts and achieve justice، and the question which presents itself، can the judge to judge based on his knowledge for the benefit of the plaintiff without reference to the principles of Islamic law، based on the Koran، and the Sunnah، such as Evidence، Oath، and others? This is what is answered in this research، if God willing.The ruling of the judge based on his knowledge is one of the important issues that have many implications in the various sections of the judiciary، as there are multiple statements، and the summary of statements in this، that he is judging his knowledge at all، and the second: It is not permissible to judge at all according to his knowledge، and the third: may in the rights of people without the rights of God.