Jurisprudence Basics for Local Research Circumstantial Evidence

Subject Areas :

shadi hassani ¹ , Manssor Amirzadeh Jirkoli ² , Javad Mohammadalizadeh ³

1 - PhD student , Iran , Torbat Heydarieh , Torbat Heydarieh branch , Islamic Azad University .
2 - Assistant professor of Islamic rights basics and jurisprudence group , Iran , Torbat Heydarieh , Torbat Heidarieh branch , Islamic Azad University .
3 - Assistant professor of Islamic rights basics and jurisprudence group, Iran , Nowshahr , Nowshahr branch, Islamic Azad University

Received: 2020-05-05 Accepted : 2020-07-18 Published : 2020-11-21

Keywords: Circumstantial evidence, local research, wide spread tradition, fame,

Abstract :

The local research method is interpreted in this way that each witness says his / her own information to the judge and it’s interpreted based on the words the stated the judge comes to this conclusion that they didn’t conspire to say lie. Now the local research circumstantial evidence is used with wide spread tradition title (or some times its synonym fame )in the jurisprudence . In the jurisprudence to authority of the widespread tradition some cases are stated such as narration , wide people method , the difficulty because of producing sufficient evidence which we can prove the wide spread tradition authority by each of them . Also, the wide spread domain in jurisprudence with high disputations – is divided into two limited and unlimited categories that by considering the total opinions, the wide spread tradition domains are death, devotion, freehold, ancestry and justice . The wide spread tradition in the jurisprudence and local research has some similarities and differences. In this regard there are some comments about the relationship between local research and wide spread tradition: the wide spread tradition as an independent reason , the wide spread tradition as witness confirmer and wide spread as the result of the local research . But the researcher states that the wide spread tradition is the same jurisprudence basic for the local research because in all cases like meaning , concept , scope , proof , reason and so on , they are the same .