OATH IN INTERNATIONAL AND INTERRELIGIOUS LITIGATIONS FROM THE VIEWPOINT OF IMAMITE JURISPRUDENCE AND LAW OF IRAN

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DANESHPAJOOH MUSTAFA

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Journal: Islamic jurisprudence Resaerch Year:2014 | Volume:9 | Issue:4 Page(s): 1-16

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Information Journal Paper

Title

OATH IN INTERNATIONAL AND INTERRELIGIOUS LITIGATIONS FROM THE VIEWPOINT OF IMAMITE JURISPRUDENCE AND LAW OF IRAN

Author(s)

DANESHPAJOOH MUSTAFA | Issue Writer Certificate

Keywords

ALLIANCEQ3

FAITHQ2

ISLAMQ2

OATH. SWEARQ2

THE WORD OF ALLAHQ2

YAMIN (UNINTENTIONAL OATH)Q2

Abstract

Oath as one of the evidences to prove claim has been normally accepted in all legal systems. Obviously, every judicial system to maintain the creditability, influence and power of oath may consider special requirements which are mainly consistent with prevailing values of that society. Since monotheism and religion are core values of Iran's society, the legislator with stressing on these values has only taken the oath in Allah's name valid. Emphasizing on the necessity of this requirement in legal disputes between Iranian Muslims, as noted Iranian and Muslim oath, is entirely reasonable and does not arise any problem or question. But the emphasis on the necessity of this requirement in cases of non-Muslim Iranians and foreigners especially non-Muslim foreigners poses a question which the law of Iran has not explicitly dealt with. So according to article 167 of Iranian constitution the answer must be sought in ISLAMic jurisprudence and Shari'a. The present paper has attempted to find out the answer to this question with investigation of the oath in international and interreligious litigations from the viewpoint of ISLAMic jurisprudence.

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APA: Copy

DANESHPAJOOH, MUSTAFA. (2014). OATH IN INTERNATIONAL AND INTERRELIGIOUS LITIGATIONS FROM THE VIEWPOINT OF IMAMITE JURISPRUDENCE AND LAW OF IRAN. ISLAMIC JURISPRUDENCE RESEARCH, 9(4), 1-16. SID. https://sid.ir/paper/220981/en

Vancouver: Copy

DANESHPAJOOH MUSTAFA. OATH IN INTERNATIONAL AND INTERRELIGIOUS LITIGATIONS FROM THE VIEWPOINT OF IMAMITE JURISPRUDENCE AND LAW OF IRAN. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2014;9(4):1-16. Available from: https://sid.ir/paper/220981/en

IEEE: Copy

MUSTAFA DANESHPAJOOH, “OATH IN INTERNATIONAL AND INTERRELIGIOUS LITIGATIONS FROM THE VIEWPOINT OF IMAMITE JURISPRUDENCE AND LAW OF IRAN,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 9, no. 4, pp. 1–16, 2014, [Online]. Available: https://sid.ir/paper/220981/en

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