Journal of Fiqh and Usul
سال. Û´Û¹, شماره. Û´: شماره پیاپی Û±Ã

The Impacts of Oath of Knowledge Denial in Jurisprudence and Iran’s Law

مافی, دکتر همایون ( دانشگاه علوم قضایی و خدمات اداری)
رضایی مقدم, رضا ( دانشگاه مازندران)



Article Info

Publish Date
04 Mar 2018

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.

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