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Information Journal Paper

Title

A Reflection on the Absence of Accusation as a Condition for Witness

Pages

  57-76

Abstract

 The testimony of witnesses in courts is among the evidence in penal and civil law. In order to rely on the results of testimony, strict conditions have been prescribed for witness which, according to the famous opinion of Shiite jurists are maturity, wisdom, Islam and legitimacy of birth, justice and the absence of accusation. Although the state of not being accused in witness has been considered as a feature whose absence confronts the witness with the rejection of his testimony, careful examination of the Islamic jurists' words and expressions in this regard shows that the accusation of witness and the probability of perjury in favor of one of the parties are not considered as an obstacle to testimony; since, if his justice is accepted, this probability is weak or unimaginable; instead, the obstacle is that the witness is a beneficiary. Therefore, the opinion of those jurists who have used the condition that the wintess is not a beneficiary instead of the absence of accusation has been preferred.

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    • Cite

    APA: Copy

    Sajjadi, Seddigheh Sadat, Kalantari Khalil Abad, Abbas, & Motavalli Zade Naeini, Nafiseh. (2020). A Reflection on the Absence of Accusation as a Condition for Witness. QURANIC & HADITH STUDIES, 52(1 (120) ), 57-76. SID. https://sid.ir/paper/390678/en

    Vancouver: Copy

    Sajjadi Seddigheh Sadat, Kalantari Khalil Abad Abbas, Motavalli Zade Naeini Nafiseh. A Reflection on the Absence of Accusation as a Condition for Witness. QURANIC & HADITH STUDIES[Internet]. 2020;52(1 (120) ):57-76. Available from: https://sid.ir/paper/390678/en

    IEEE: Copy

    Seddigheh Sadat Sajjadi, Abbas Kalantari Khalil Abad, and Nafiseh Motavalli Zade Naeini, “A Reflection on the Absence of Accusation as a Condition for Witness,” QURANIC & HADITH STUDIES, vol. 52, no. 1 (120) , pp. 57–76, 2020, [Online]. Available: https://sid.ir/paper/390678/en

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