مكنة القاضي في استنباط القرينة القضائية

Abstract EN

There is no doubt that the job of the judge is to rule in accordance with the law, but his task in applying the law is not easy, as it is not limited to deriving the rule of law from mere viewing of the texts, and he does not arrive at the result in an automatic way, but rather he performs successive mental operations, and then his will is not completely absent.

when he undertakes his job, because he rules according to the law, he resolves the dispute, and this requires him to weigh the conflicting evidence, and therefore the judiciary requires a space of freedom and a measure of authority that allows the judge to make a decision, and this is what the legislator embodied in the Iraqi evidence law, and yet the legislator gave him discretionary authority in evaluating the evidence presented to him with a difference in the breadth and narrowness of this authority in the various evidences of proof.