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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
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