validity’s criterion of witnesses’ testimony, rational confidence or obedient acceptance?

نویسندگان

اصغر عربیان

استادیار گروه فقه و حقوق اسلامی واحد علوم و تحقیقات تهران دانشگاه آزاد اسلامی

چکیده

amara in jurisprudential sources is said to any evidence which indicate the fact. indication is not definitively in the sight of foghaha and osooliyeen, but due to the prevailing conjecture which can be achieved from that evidence. witnesses’ testimony (bayyinah) as valid evidence in the jurisprudence and law is known as an “amara” in the sight of jurists witch its validity is from legislator. and meanwhile the majority of the jurisprudents validated the bayyinah- which is an instance of ammarah- because lawgiver validated it not because of its ability in providing valid conjecture, and also they named its provided conjecture because of bayyinah’s confirmation by lawgiver as terms such as shar’i[1] knowledge, regular or common knowledge, obedience knowledge, revealed knowledge, and complementing of exploration. beside of this group, some believed that origin of bayyinah’s validity is manner of wises which is confirmed by lawgiver and meanwhile the stronger conjecture causes validation for bayyinah in spite of the imperfect finding of fact, because lawgiver completes the imperfect finding ability and validated it. the result of difference between these two opinions is effect on conditions of bayyinah’s validity and on its effects and its verdicts, including mandatory issuing the verdict by judge after testimony of witnesses, testimony’s validity after return from it, value of numbers of witnesses, and … . according to research’s finding and researcher’s opinion, the stronger conjecture and rational confidence is the validity’s criterion of witnesses’ testimony which holy lawgiver has validated because of it. and also scholars which accepted obedient validity for testimony, admitted this matter in discussions about ranked validity, conflict between two bayyinahs, most just witnesses, and maximizing of witnesses.

برای دانلود باید عضویت طلایی داشته باشید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Witnessing-condition heterogeneity and witnesses' versus investigators' confidence in the accuracy of witnesses' identification decisions.

Undergraduate participants were tested in 144 pairs, with one member of each pair randomly assigned to a "witness" role and the other to an "investigator" role. Each witness viewed a target person on video under good or poor witnessing conditions and was then interviewed by an investigator, who administered a photo line up and rated his or her confidence in the witness. Witnesses also (separate...

متن کامل

Sex offender testimony: junk science or unethical testimony?

Sexual predatorstatutes require thatanoffender beeval uated for civil commitment, after completing his penal sentence, by psychiatrists, psychologists, and other mental health professionals. These professionals are usually asked todetermine whether theoffender: (1) has been convicted of sexually violent predatory offenses against twoor morevictims; (2) has a "mentalor behav ioral abnormality" t...

متن کامل

The testimony of forensic identification science: what expert witnesses say and what factfinders hear.

This research examined how variations in the presentation of forensic science information affect factfinders' judgments in a trial. Participants read a summary of a murder case, the critical testimony being the results of a microscopic hair comparison given by a forensic expert. Across two experiments we manipulated how the expert expressed his results, whether he gave an explicit conclusion co...

متن کامل

Probiotics: an obedient ally or an insidious enemy?

e fi rst case of bloodstream infection by Pediococcus pentosaceus after the administration of a symbiotic formula to a critically ill patient is presented. Th e infection was successfully treated with ceftriaxone. Probiotics are increasingly used in the intensive care unit (ICU), mainly for the management of intractable diarrhea. As probiotics are living organisms, one risk following their admi...

متن کامل

Validation and Validation of Testimony of Anonymous Instances in the Criminal Procedure Code of Iran and Statute of the International Criminal Court

One of the measures taken to protect witnesses in the Statute of the International Criminal Court and the Code of Judicial Procedure of our country is to keep their identities secret. Both the defendant is important and the defendant's right can not be ignored for the sake of witness testimony or the defendant's defense rights were endangered and threatened without regard to witness safety. Reg...

متن کامل

منابع من

با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید


عنوان ژورنال:
مطالعات حقوق خصوصی

جلد ۴۶، شماره ۲، صفحات ۲۶۵-۲۸۴

کلمات کلیدی
amara in jurisprudential sources is said to any evidence which indicate the fact. indication is not definitively in the sight of foghaha and osooliyeen but due to the prevailing conjecture which can be achieved from that evidence. witnesses’ testimony (bayyinah) as valid evidence in the jurisprudence and law is known as an “amara” in the sight of jurists witch its validity is from legislator. and meanwhile the majority of the jurisprudents validated the bayyinah which is an instance of ammarah because lawgiver validated it not because of its ability in providing valid conjecture and also they named its provided conjecture because of bayyinah’s confirmation by lawgiver as terms such as shar’i[1] knowledge regular or common knowledge obedience knowledge revealed knowledge and complementing of exploration. beside of this group some believed that origin of bayyinah’s validity is manner of wises which is confirmed by lawgiver and meanwhile the stronger conjecture causes validation for bayyinah in spite of the imperfect finding of fact because lawgiver completes the imperfect finding ability and validated it. the result of difference between these two opinions is effect on conditions of bayyinah’s validity and on its effects and its verdicts including mandatory issuing the verdict by judge after testimony of witnesses testimony’s validity after return from it value of numbers of witnesses and … . according to research’s finding and researcher’s opinion the stronger conjecture and rational confidence is the validity’s criterion of witnesses’ testimony which holy lawgiver has validated because of it. and also scholars which accepted obedient validity for testimony admitted this matter in discussions about ranked validity conflict between two bayyinahs most just witnesses and maximizing of witnesses.

میزبانی شده توسط پلتفرم ابری doprax.com

copyright © 2015-2023