Lawful and Judicial Study of Testimonials by Minors

Subject Areas : Private law

adel sarikhani ¹ , masoud heidari ²

1 - دانشگاه قم
2 - دانشگاه قم

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Adolescence, Testimonial, Discerning Minor, Undiscerning Minor,

Abstract :

Although Imamiyeh Islamic jurists have discussed in detail the requirements and rules of the testifying, believed to be the most elemental positive evidences as well as the limits and discretionary punishments, in some instances such as non-acceptance of testimonials made by undiscerning minors and acceptance of testimonials borne in infancy, in adulthood there is undivided opinion or even consensus that under the current Iranian law, there has been no specific reference made to the above issues. For this reason, a variety of arguments and reasoning on acceptance or non-acceptance of the minor’s testimonial have arisen. By exploring the views of Imamiyeh Islamic jurists, analyzing the legal provisions in particular, this essay seeks to study and compare legally enforceable decisions within the context of the current Iranian law regarding the minor’s testimonials and their juridical value.