A new look at the status of witness justice and the ways to achieve it in Iranian jurisprudence and law

Articles in Press

Document Type : Original Article

Authors

• mohamad mehdi ALSHARIF ¹
• reza Qasemi Rostami ²
• seyed mohsen qaemfard ³
• seyed vahid sadeghi ²

¹ Associate Professor, Department of Private Law, Faculty of Administrative Sciences and Economics, University of Isfahan

² PhD student in Private Law, Faculty of Administrative Sciences and Economics, University of Isfahan

³ Assistant Professor of the Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan

10.22067/jfiqh.2023.80737.1524

Abstract

The note of Article 195 of the Islamic Penal Code, with a hesitant expression, has considered the contention of "good appearance" insufficient for the "testimony" of the justice of the witnesses, and has made the adjustment and cultivation of witnesses subject to knowledge and certainty. However, according to the jurisprudential foundations of this article, it can be said that unlike the witness of cultivation, the judge can rely on the good appearance of the witnesses as a sign of devotion to their justice and consider their testimony as evidence of Sharia. But today, considering the extent of social relations, it is rare to find a case where the judge recognizes the witnesses by their good appearance and justice, so that we can talk about the religious knowledge and the proofs of its devotion. Therefore, the judge is allowed to give effect to the testimony of witnesses whose justice has not been established, to the extent of a "judicial evidence" and a rational and non-religious way of discovering the truth, and of course, in this case, the question of the quorum of witnesses and the type There is no dispute and the credibility of the witnesses depends on the creation of knowledge or suspicion for the judge.

Keywords

• Justice
• witness
• good appearance
• prevalence
• socialization
• judicial inference

Main Subjects

• Civil jurisprudence

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