On the Validity of a Sick Person’s Confession according to the Five Juridical Schools of Islam

Document Type : Research Article

Author

yazd

Abstract

Everyone agrees that confession plays an important role among the arguments in a lawsuit. According to reason and Islamic law, confession is binding for the confessor. Jurists and lawyers unanimously agree that a sane person’s confession against himself is binding. However, as regards the confession of a sick person (the final illness that may lead to his death), the jurists of the five schools of Islam disagree. Dealing with the significance of the issue, the writer explains the meaning of maridh (sick person) and mentions the origin of the dispute about the juridical decree of the confession of a sick person before his death. Quoting the different views from each of the five juridical schools of Islam, the writer analyzes the views in terms of the arguments and documents supporting the decree

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