ascertainment of excuse and impossibility of the principal witness: Rule-making condition for accepting hearsay evidence

Subject Areas : All jurisprudential issues

M.Amin Maleki ¹ (Assistant Professor of Islamic Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.)
ali keshavarz ² (LL.M. in Documents and Commercial Contracts, University of Judicial Sciences and Administrative Services, Tehran, Iran.)
alireza asgari ³ (Assistant Professor of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran.)

Received: 2020-10-15 Accepted : 2021-02-02 Published : 2021-09-26

Keywords: Excuse the presence, impossibility, hearsay evidence, refraining to testify, Excuse the testify, being in difficulty,

Abstract :

Hearsay evidence, including alternatives to evidence of substantiation and and from the background of legal testimony, which the provisions of 1320 of the Civil Code and 231 of the Civil Procedure Law are subject to acceptance. In the legal system of Iran, following the jurisprudence and signification of the words of the jurists, the following arguments were fixed but due to the plurality of expression in this field, it is essential to explain and respond to these issues. The authenticity of in Shi''''a and Sunni jurisprudence also indicates its development. In Sunni jurisprudence, the development of hearsay evidence is martyred. In Shiite and Sunni jurisprudence, the only difference is the acceptance of the hearsay evidence, the precaution and attention to the religious provisions that it is not acceptable , Which is mentioned in Sunni jurisprudence And only in al-Maliki''''s jurisprudence is the authenticity of hearsay evidence in your everyday affairs. Hence, the development of more than a tradition for hearsay evidence which is not accepted in Islamic law.Also in the context of the restricted of Hearsay evidence, the criterion in Sunni jurisprudence is the torment of presence But in Shi''''a jurisprudence it is a hardship to testify. The specific approach of this study is to examine the proper criteria for the hearsay evidence and to circumvent legal liability in accepting hearsay evidence as one of the alternative evidence of substantiation.