An Analytical Review of the Concept of the Witness’s Justice

Document Type : Research Article

Author

Yasuj University of Medical Sciences

Abstract

bearing witness (evidence) is one of the ways of proving the lawsuits and crimes and the witness is one of its significant elements. In view of the impact of bearing witness on proving lawsuits, crimes and issuance of verdicts regarding refund of property, subsistence of matrimony, its dissolution, murder, whipping, etc., the witness is required to have certain qualifications. One of these qualifications is justice. The evidence given by an immoral (fāsiq) person is not acceptable. The present research verifies various definitions of justice and regards it as limited to an inner state (rather than a faculty which is contrary to the dominant view) which leads to avoidance of major sins and not insisting on minor sins. It also rejects the requirement of manliness in the definition of justice (contrary to the dominant view). Although the present discussion concerns justice of witness, the topics brought up here would serve as a theoretical and practical pathfinder for some other instances (such as prayer leaders, judges, etc.) where justice is a requirement.

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