A comparatives study of testimony in judicial affairs from the perspective of jurists of Islamic religions

Document Type : Original Article

Authors

1 Department of Jurisprudence and Fundamentals of Islamic Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.

2 Department of Jurisprudence and Fundamentals of Islamic Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran

3 Department of Jurisprudence and Fundamentals of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.

Abstract

Islamic jurisprudence in different periods is a manifestation of the Islamic Ummah's care for Sharia; A law that represents justice, mercy, and reform. Ways of proving the evidence as a protector of rights, the manifestation of mercy and effective tools, the realization of justice and one of the most common issues in implementation and the most widely used jurisprudential-legal issues are among the most important methods on which the proof of justice depends on justice. But martyrdom, like other Islamic rules and issues, has rules and conditions, one of which is that, if the testimony is proven, is it conclusive news that the ruler should rule according to it? Is number and justice a condition? What are the pillars of testimony? What are the terms and conditions of testimony? How many witnesses are there? Is the testimony of a witness with an oath acceptable? Another question is what will be the legitimacy of proving the testimony of witnesses or the testimony of a witness with an oath? Therefore, in the present article, which has been written with a descriptive-analytical approach, different dimensions of the subject of martyrdom and its rulings and conditions have been comparatively studied from the perspective of different religions of Islamic jurisprudence and by analyzing the opinions of jurists of five religions in this field The proof of martyrdom and its sub-issues have been studied and finally it has been concluded that the subject of martyrdom in Islam .

Keywords

Political Sociology of Iran
Volume 5, Issue 3
June 2022
Pages 867-892

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