Analyzing the Significant of Expert Opinions in the Sharia Courts

Abstract

The advancement of science and technology in various facets of human existence has resulted in a rise in disputes and conflicts among individuals within society. In numerous instances, judges find it challenging to comprehend complex technical matters without the assistance of experts and specialists in the field. The concept of utilizing experts and individuals with specialized knowledge in the examination of diverse criminal and legal cases is crucial. By incorporating expert testimony throughout different stages of trials, judges are able to make accurate and impartial judgments, relying on the expert’s perspective to discern right from wrong, particularly in cases involving intricate technical matters. This article highlights the significance of judges consulting with experts. It emphasizes the importance of judges seeking the opinions of experts and specialists. It raises questions regarding whether the opinions of experts are considered valid and treated as evidence. It further explores whether the theory of experts holds the status of a witness and if the conditions for testimony are applicable to their opinions or not. This research aims to provide answers to the aforementioned inquiries. The research article endeavors to investigate the standing and legitimacy of the theory of experts in Sharia courts, specifically from the viewpoint of Islamic Sharia.