A reflection on the validity or invalidity of offering a supplementary oath to testify (Subject to the note of article 209 of the Islamic Civil Code and the last part of paragraph b of article 230 and the note of article 277 of the Islamic Civil Code

Articles in Press

Document Type : Original Article

Authors

• Sedigheh Hatami ¹
• Taher Alimohammadi ²

¹ Assistant Professor, Ilam University, Faculty of Theology, Department of Fiqh and Fundamentals of Islamic Law

² Associate Professor of Ilam University

10.22067/jfiqh.2023.83115.1602

Abstract

Abstract

The legality of judging and proving financial claims based on the reason of "single witness and oath" is agreed upon by Imamiyyah jurists, but there is a difference of opinion among jurisprudents regarding the necessity of observing the order between testifying and taking an oath. Famous jurists have chosen the theory of the necessity of order, and many others, especially contemporary jurists, have accepted the theory of the necessity of order. The legislator has followed the famous theory in the note of Article 209 of the Islamic Penal Code and the last part of paragraph b of Article 230 and the note of Article 277 of the Civil Procedure Law. In this research, which examines the issue through a descriptive-analytical method, while explaining each of the sayings and analyzing the existing documents on the issue, due to the insufficient documentation of the famous saying and considering the application of narrations and other reasons, the point of view of "lack of Mokhtar's theory has considered the necessity of order between testimony and supplementary oath.

Keywords

• giving oath
• giving testimony
• single witness
• claimant'
• s oath
• proof of financial claims

Main Subjects

• Civil jurisprudence

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