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All Journal Journal of Fiqh and Usul
دکتر همایون مافی, دکتر همایون
دانشگاه علوم قضایی و خدمات اداری
Law, Crime, Criminology & Criminal Justice

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The Impacts of Oath of Knowledge Denial in Jurisprudence and Iran’s Law مافی, دکتر همایون; رضایی مقدم, رضا
فقه و اصول سال. Û´Û¹, شماره. Û´: شماره پیاپی Û±Ã
Publisher : انتشارات دانشگاه فردوسی مشهد

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22067/jfu.v49i4.33384

Abstract

The proofs presented to the court of justice for proving or defending a legal case, if proved effective, have certain impacts that the necessity of knowing them in order to timely use the “proof” in legal procedure and success in it cannot be ignored. Among these proofs is the oath of knowledge denial, which due to the silence of the legislator and the jurists’ diversity of views, studying its outcomes requires further in-depth consideration to achieve the above-mentioned propositions. The oath of knowledge denial is in fact a decisive (battī) oath that can comprise of specific effects on the claim of knowledge and the main claim. Similarly, in case of refusal, it can have considerable effect on the claim in terms of rejecting the oath and swearing rejected oath by the claimant. Also, by accepting the existence of some similar effects between the oath of knowledge denial and other types of oath, the exemption from swearing a decisive oath and the non-provability of the main claim by swearing is considered to be among the specific effects of the oath of knowledge denial.
A jurisprudential and legal research into the oath of knowledge denial مافی, دکتر همایون; رضایی مقدم, رضا
فقه و اصول سال. Û´Û·, شماره. Û´: شماره پیاپی Û±Ã
Publisher : انتشارات دانشگاه فردوسی مشهد

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22067/fiqh.v47i23.33363

Abstract

Among the topics discussed in books of jurisprudence is denial of knowledge, which is considered as a subdivision of taking oath based on issue. Regardless of the originality of oath on denying knowledge, substantial disagreement is discernible in jurisprudence as regards the establishment of legal provisions on this type oath-taking, very few of which opinions have influenced jurists in this field. In cases where the subject of dispute is an issue attributed to others or includes external features - knowledge of which is difficult for ordinary people - and in the inaccessibility to reasons, the claimant can only take the defendant under oath when he has claimed knowledge in that relation. By taking the oath of knowledge denial, the defendant will also be exempted from taking a strong (batti) oath on denying the right of the claimant; therefore, it can be said that a knowledge denial oath is essentially responsive by nature and uttered by the defendant in response to claims of knowledge.
Co-Authors رضا رضایی مقدم, رضا