The Validation of Couples' Testimony in Favor of Each Other in the Courts from the Viewpoint of Islamic Religions

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RIAHI JAVAD; ASADI HAMID; NOURI SOMAYEH; Dalvand Abdolhussein

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Journal: Islamic Journal of Women and the Family Year:2019 | Volume:7 | Issue:16 Page(s): 95-111

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Information Journal Paper

Title

The Validation of Couples' Testimony in Favor of Each Other in the Courts from the Viewpoint of Islamic Religions

Author(s)

RIAHI JAVAD | ASADI HAMID | NOURI SOMAYEH | Dalvand Abdolhussein | Issue Writer Certificate

Keywords

lack of defamationQ1

testimonyQ1

couplesQ2

Islamic religionsQ1

Abstract

From the viewpoint of Imamieh and Sunni jurists, the lack of defamation of witness is considered as a condition of the validity of testimony. Although legislator does not stipulate the lack of defamation as a condition in the Constitution, this matter can be deduced from note 2 of Article 1313 of the same rule as well as paragraph 6 of Article 155 of the Code of Criminal Procedure. The value of each of couples' testimony in favor of the other, affected by the mentioned condition, is one of the issues that jurists do not have an agreement with that. According to Hanafi, Maleki, and Hanbali jurists, such a testimony is not acceptable and from the viewpoint of Imami and Shafei religions, it is more acceptable. This descriptive-analytical study examined the presented ideas on this issue with the purpose of seeking the probative value of this testimony. Based on the results, what is raised is that this testimony can be taken into account as a judicial presumption. Therefore, if there are husband's or wife's testimony in favor of the other and one more evidence, that testimony will be valuable and valid, in which a judge can come to the conclusion by the sum of husband's or wife's testimony and one more evidence such as another person's testimony and a plaintiff's oath.

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APA: Copy

RIAHI, JAVAD, ASADI, HAMID, NOURI, SOMAYEH, & Dalvand, Abdolhussein. (2019). The Validation of Couples' Testimony in Favor of Each Other in the Courts from the Viewpoint of Islamic Religions. THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY, 7(16 ), 95-111. SID. https://sid.ir/paper/377040/en

Vancouver: Copy

RIAHI JAVAD, ASADI HAMID, NOURI SOMAYEH, Dalvand Abdolhussein. The Validation of Couples' Testimony in Favor of Each Other in the Courts from the Viewpoint of Islamic Religions. THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY[Internet]. 2019;7(16 ):95-111. Available from: https://sid.ir/paper/377040/en

IEEE: Copy

JAVAD RIAHI, HAMID ASADI, SOMAYEH NOURI, and Abdolhussein Dalvand, “The Validation of Couples' Testimony in Favor of Each Other in the Courts from the Viewpoint of Islamic Religions,” THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY, vol. 7, no. 16 , pp. 95–111, 2019, [Online]. Available: https://sid.ir/paper/377040/en

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