تصدير المعرفة في القانون الوضعي فقهاً وقضاءً

Abstract

In order to export legal knowledge, whether it is with the jurist or the judge, one of the doctrines of epistemology must be followed in providing evidence for all the knowledge that can be obtained. This evidence is what proves cognitive achievement and its validity. The choice of the cognitive doctrine in achievement is not based on a personal desire or subjective tendency of the researcher. Rather, it is the nature of scientific research that imposes on it the evidence and how to obtain knowledge from it.

     Following the rational or positivist doctrine in inference is governed by the nature of the subject matter of inference. Researching material facts to arrive at the closest judgment to the incident requires extrapolating those presented facts, and formulating the judgment closest to them from what is produced by the inductive evidence. While applying the text to a specific fact by itself, it cannot be acted upon except in accordance with the rational evidence. The nature of knowledge attainment varies between the judge and the jurist, according to the goal that each of them seeks.