Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Legal Developments of Testimony in Civil Matters with an Appproach to Improve Probative Value of Jurisprudential Testimon

Document Type : research

Authors
1 PhD student in Fiqh and Fundamentals of Islamic Law, Torbat Heydarieh Branch, Islamic Azad University, Razavi Khorasan, Iran.
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Torbat Heydarieh Branch, Islamic Azad University, Razavi Khorasan, Iran.
3 Assistant Professor in Hakim Tous Institute of Higher Education, Razavi Khorasan, Mashhad, Iran.
10.22034/ejs.2023.412158.1519
Abstract
Background and Aims: Testimony is the non-expert declarations based on personal knowledge about the partial right or partial Shari'a matter, by third party, not on one's own actions, but for the benefit of other, without any harm to oneself, with the intention of vindicating the right or fulfilling Shari'a duty. The evidence of testimony is the reason for proving the claim and discovering the truth. It is also an evidence that reveals truth from falsehood. Therefore, it has a special validity and status in jurisprudence. Due to the changes of Shari'a texts and the Constitution, we are witnessing changes in civil matters after the (Islamic) Revolution. The purpose of this research is to explain the legal developments of testimony in civil affairs. 
Materials and Methods: Research method is descriptive _analytical and data collection has been carried out through documentary method. Analyzing the content and benefiting from jurisprudential and legal writings.
Ethical Consideration: In present study, the [rinciples of text originality, honesty and trustworthiness have been observed.
Findings: The improvement of probative value of evidence of testimony compared with jurisprudential evidences has been considered as a duty and Shari'a duty to support the owner of rights. The discrepancy between jurisprudence and law causes changes and developments in testimony in civil matters.
Conclusion:Maintaining the social interaction system in Muslim Society is based on the evidence of testimony in order to implement justice and respect the property and rights of others. As a result, the evidential value of testimony can be considered according to jurisprudential sources and foundations.
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