Investigating the authenticity in the Thematic Realm of Accepting Hearsay evidence in the Analysis of the Iranian Legal System and Sunni Jurisprudence
Subject Areas : فقه و مبانی حقوق
Alireza Asgari
1
,
Seyyed Mahdi Mirdadashi
2
,
Ali keshavarz
3
1 - Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Qom Branch, Qom, Iran.
2 - Assistant Professor, Department of law, Islamic Azad University, Qom Branch, Qom, Iran.
3 - Master of private laws, Islamic Azad University, Qom Branch, Qom, Iran
Keywords: Impossibility, Juristic preference, Hearsay evidence, Attestation to, Great presence,
Abstract :
In the Iranian legal system, the authenticity of Hearsay evidence (secondary testimony), in situations where the presence of original witness is not possible, has been established in 1320 CL and Article 231 of the CPL. Because there are multiple statements in Shi'ah and sunni, it is essential that their differences be explained and answered. The authenticity of Hearsay evidence in Shi'ah jurisprudence is evident from its developmental approach in the context of Imami jurisprudence and the law. In Sunni jurisprudence, the development of evident Hearsay evidence has been accompanied by miscellaneous and incoherent statements. In Shafi'i jurisprudence, the excuse rule that causes acceptance is the absence, which Sunni scholars have interpreted it as a long absence or death of an original witness. In the Hanafi jurisprudence, without obtaining criteria, juristic preference is the most substantial basis for accepting Hearsay evidence that does not provide clear criteria. In al-Maliki's jurisprudence, unlike others, ijtihad is performed against the text, and they do not consider any subject for the Hearsay evidence, because they consider it is in all matter. The findings of this study indicate that there is no unity of opinion in the Iranian legal system and Sunni jurisprudence in the field of the subject, the only exception is the attestation for the Hearsay evidence and its criteria of acceptance is due to excuses attestation to. Therefore, this study aims to research the right elements of Sharia principles of testimony on testimony and to transition from the emergence of Intellectual rigidity in the acceptance of Hearsay evidence as one of the alternative arguments for litigation.
قرآن کریم.
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