THE DECISION BY A JUDGE ON THE BASIS OF HIS PERSONAL KNOWLEDGE

According to some muslim jurists the decision by a judge based on his personal knowledge is one of the admissible modes of proof The personal knowledge of a judge here means the judge who is an eyewitness to a fact in issue of a case filed in his court for decision. Should he decide on the basis of his personal knowledge or should he decide on the basis of the statements of the evidence which is contrary to his personal knowledge? Muslim jurists of the different schools of thought have a consensus on the view that a judge can validly decide about the credibility or otherwise of a witness on the basis of his personal knowledge. Two groups of muslim jurists have differing opinion as to whether a judge can validly decide cases on the basis of his personal knowledge. The paper examines the opinion of both groups in the light of their arguments from Qur an, Sunnah and other sources of Islamic Law. The validity of both schools are discussed with preference of one of them as most suitable for application in Muslim countries.