A Comparative Study of Fact-Witness Payment in Islamic and American Law

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Mansouri Razi Ayyoub; Nasiri Razi Ali Reza

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Journal Paper

Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2019 | Volume:6 | Issue:3 (21) Page(s): 183-209

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Information Journal Paper

Title

A Comparative Study of Fact-Witness Payment in Islamic and American Law

Author(s)

Mansouri Razi Ayyoub | Nasiri Razi Ali Reza | Issue Writer Certificate

Keywords

WitnessingQ2

TestifyingQ1

IndispensableQ1

comparative studyQ1

Law of IslamQ1

USQ1

Abstract

A fact witness might incur damages as the result of attending court to testify. These damages are chargeable. It has been accepted and legislated by the legislative power. But paying fact witness for mere Witnessing or Testifying engrosses some obstacles in Iranian and American laws. Generally speaking, these obstacles are the prohibition of payment for Witnessing due to its Indispensableness and concern about payment impact on the testimony substance. In Islamic jurisprudence in Witnessing only the former hurdle exists, whereas both can occur in Testifying in which the latter is even more important. In U. S law only the latter obstacles exists. In this article, the first hurdle is rejected and a hypothesis would be proved based on which if fact witness payment is observed and controlled by courts, the mentioned concern can be eliminated and, therefore, fact witness payment would be lawful. One of the significant results of this discUSsion is that the mere payment to fact-witness does not render his/her witness invalid.

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APA: Copy

Mansouri Razi, Ayyoub, & Nasiri Razi, Ali Reza. (2019). A Comparative Study of Fact-Witness Payment in Islamic and American Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 6(3 (21) ), 183-209. SID. https://sid.ir/paper/262163/en

Vancouver: Copy

Mansouri Razi Ayyoub, Nasiri Razi Ali Reza. A Comparative Study of Fact-Witness Payment in Islamic and American Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2019;6(3 (21) ):183-209. Available from: https://sid.ir/paper/262163/en

IEEE: Copy

Ayyoub Mansouri Razi, and Ali Reza Nasiri Razi, “A Comparative Study of Fact-Witness Payment in Islamic and American Law,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 6, no. 3 (21) , pp. 183–209, 2019, [Online]. Available: https://sid.ir/paper/262163/en

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