Sociological Analysis of Relatives' Testimony from the Perspective of Imamieh Jurisprudence and Iranian Law

Subject Areas : Social Science Quarterly

Hasan  Asadi ¹ (Assistant Professor, Faculty of Law, Islamic Azad University, Varamin Branch, Iran.)
Soudabeh  Taheri ² (Postgraduate student, Islamic Azad University, Varamin Branch, Varamin, Iran.)

Received: 2016-04-25 Accepted : 2016-06-01 Published : 2016-05-21

Keywords: Testimony, witness, Binance, Relationships, Fights, Witness Witness,

Abstract :

Sociological Analysis of Relatives' Testimony from the Perspective of Imamieh Jurisprudence and Iranian LawHassan Asadi 1, Sudabeh Taheri 2 *1Assistant Professor, Faculty of Law, Islamic Azad University, Varamin Branch, Iran.2- Postgraduate student, Islamic Azad University, Varamin Branch, Varamin, Iran.AbstractThe former Civil Procedure Code considered barriers to testimony to kinship and servant relationships, but the new Civil Procedure Code has suspended the matter. So the question remains whether the affair or the servant relationship are barriers to testimony. To answer this question, it is necessary to refer to jurisprudential and legal sources and the viewpoints of jurisprudence and law scholars. In examining the views of Islamic scholars, we find that there are different views on the testimony of relatives and individuals in general, including the acceptance of the testimony of close relatives and relatives, the acceptance of the testimony of relatives when accompanied and also A detailed view means that in some relatives the testimony is accepted and in others it is unacceptable. From the surveys and the analysis of the views, it is concluded that what is relevant is the benefit of the relatives, and if they do not rely on his testimony, it is not the result of a close relationship.