المؤلفون
1 جامعة قم
2 دكتوراه في الحقوق وعضو هيئة التدريس في قسم الحقوق العامة، كلية الحقوق، فرع فارابي، جامعة طهران
المستخلص
الكلمات الرئيسية
الموضوعات الرئيسية
عنوان المقالة [Persian]
المؤلفون [Persian]
The conflict between Document and Evidence (Witness) is an ancient and difficult challenge in the field of Iranian jurisprudence and law. The debate dates back to the beginning of Islam. Since most people were illiterate at that time, and in order to prevent some transgressions, jurists usually neglected the Sanad. While we see that the greatest verse in the Qur'an confirms the authenticity of the Sanad, scholars' reliance on the books of later jurists as the source of their opinions, especially in following consensus, the way of life, and the conduct of wise men, is a valid reason for relying on the Sanad. If there was disagreement regarding the Sanad, it was over the limits and scope of the Sanad's validity. For example, Ibn Idris al-Hilli did not accept the validity of the Sanad except in financial rights between people. If we accept that a document constitutes evidence in the general sense of a document, this places it in the same category as a judge's testimony. In many cases, its precedence over testimony in the specific sense is not without meaning, unless the evidence is stronger than the document. In this case, precedence is given to the judge's knowledge, not simply because it is evidence. From a legal standpoint, the deletion of Article 1309 of the Civil Code, based on Articles 4, 90, and 91 of the Constitution of the Islamic Republic of Iran, appears acceptable, and there is no room for doubt about this deletion.
الكلمات الرئيسية [Persian]
القرآن الكريم