CERTITUDE OF JUDGE IN ISLAMIC LAW AND STATUTORY IRANIAN LAW

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KHORSANDIAN M.A.

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Journal: Year:2004 | Volume:21 | Issue:2 (41) Page(s): 59-76

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Title

CERTITUDE OF JUDGE IN ISLAMIC LAW AND STATUTORY IRANIAN LAW

Author(s)

KHORSANDIAN M.A. | Issue Writer Certificate

Keywords

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Abstract

In Islamic law (jurisprudence), certitude of judge is one of the effective evidences in the rules of evidence. But some lawyers have denied probative value of this personal assurance in judgment. This article analyzes legal approaches to this subject and reviews original sources of this rule. It is argued that we can accept certitude of judge as valid substantive evidence in juridical procedure. This Islamic rule is not accepted by all and there are some limitations in applying it. It is concluded that only qualified cannon judges (Canonicify Cadi) can rely upon this rule. On the other hand, certitude of judge is not considered as evidence in some cases such as adultery. This study proposes that normal certitude could be acceptable but it must not be sensible or sense datum. The paper also shows some inconsistencies between Islamic jurisprudence and statutory provisions in Iran.

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APA: Copy

KHORSANDIAN, M.A.. (2004). CERTITUDE OF JUDGE IN ISLAMIC LAW AND STATUTORY IRANIAN LAW. JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY, 21(2 (41)), 59-76. SID. https://sid.ir/paper/13359/en

Vancouver: Copy

KHORSANDIAN M.A.. CERTITUDE OF JUDGE IN ISLAMIC LAW AND STATUTORY IRANIAN LAW. JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY[Internet]. 2004;21(2 (41)):59-76. Available from: https://sid.ir/paper/13359/en

IEEE: Copy

M.A. KHORSANDIAN, “CERTITUDE OF JUDGE IN ISLAMIC LAW AND STATUTORY IRANIAN LAW,” JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY, vol. 21, no. 2 (41), pp. 59–76, 2004, [Online]. Available: https://sid.ir/paper/13359/en

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