A Reflection on the Absence of Accusation as a Condition for Witness | |
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The testimony of witnesses in courts is among the | |
evidence in penal and civil law. In order to rely on the | |
results of testimony, | |
strict conditions have been prescribed for witness which, | |
according to the | |
famous opinion of Shiite jurists are maturity, wisdom, | |
Islam and legitimacy of | |
birth, justice and the absence of accusation. Although | |
the state of not being | |
accused in witness has been considered as a feature whose | |
absence confronts the | |
witness with the rejection of his testimony, careful | |
examination of the Islamic | |
jurists' words and expressions in this regard shows that | |
the accusation of | |
witness and the probability of perjury in favor of one of | |
the parties are not | |
considered as an obstacle to testimony ; since, if his | |
justice is accepted, | |
this probability is weak or unimaginable; instead, the | |
obstacle is that the | |
witness is a beneficiary. Therefore, the opinion of those | |
jurists who have used | |
the condition that the wintess is not a beneficiary | |
instead of the absence of | |
accusation has been preferred. | |
Date Published: 2024-07-22 20:00:35 | |
Identifier: 11.3.danesh | |
Item Size: 9227892 | |
Language: per | |
Media Type: texts | |
# Topics | |
witness | |
the conditions of witness | |
absence of accusation | |
not being a beneficiary in testimony | |
# Collections | |
journals_contributions | |
journals | |
# Uploaded by | |
@journal_of_fiqh_and_usul | |
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