Personal knowledge of a judge as a source of proof: An Islamic perspective

Abstract

Islam has given pivotal role to the judiciary and considers it one of the most important pillar of the state. In this regard, the role of a judge is also of great importance as justice cannot be dispensed in society without the contribution of a judge. When a dispute is brought to a court, it becomes the responsibility of the judge to provide justice to the parties. A judge relies on testimony, oath and circumstantial evidences as sources of proof. Jurists have discussed them in detail while they have also discussed personal knowledge of a judge (Ilm al-Qadi) as a source of proof. This article focuses on it, where different stipulations and conditions, as laid down by the jurists, have been discussed along with their arguments.