موقف القاضي من تعارض الخبراء في القضاء الإسلامي

Abstract EN

The experts are considered as assistants of the judges.

where they reveal to them what is hidden or confused in them from technical matters, enlighten and prepare the way for them to settle disputes before them according to sound principles thus, they are partners in achieving the purposes of the judiciary; from establishing the rules of justice, restoring rights to their people, preserving souls, and rebuking the aggressors ...

there is no doubt that the scientific experiences, if multiplied and combined, take on the character of reassurance and certainty.

and this is often the case, but sometimes it conflicts and its results differ; this is what the judge resorts to the necessity of weighting; pushing for the inconsistency between them.

in order to clarify and understand the judge’s position in this scene, this research came to monitor the aspects of preponderance between the conflicting experiences