مطالعات زن و خانواده (Mar 2016)

A New Approach in the Testimony of Woman in the Legal System of Islam in Cosidering into the Legal System of Iran

  • Hossain Sobhani,
  • Amin Amirhoseiny,
  • Mohammad Roshan

DOI
https://doi.org/10.22051/jwfs.2016.2352
Journal volume & issue
Vol. 4, no. 1
pp. 205 – 234

Abstract

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Shiite jurists sayings about the validity of woman's testimony is based on two promises.a groupare considersubjectivism for the womantestimony , therefore considering the women testimony is limited to jurisprudence texts, in some cases, in this respect have accepted, only the testimony of the woman , in some cases, are not recognized a value for testimony of the womanand is considered limited to men it and in some cases, in the case of have considered valid the woman's testimony which is annexation to of theoathand are distinguished in its validity in terms of number with men. some other of jurists have been considered Esoteric to testify of woman therefore, ensuring to judge of courtabsolutely isconsidered basis of the Credibility of the testimony. jurists also, comply with the Shiite jurisprudence to a description that passed, on the testimony of the woman have expressed their opinion. of course, inthinking deeply inentered evidences can be express that can be respect of detail in Esoteric and Subjectivism of the testimony, in this respect, thatfor the testimony in the divine termini, that should be respect Subjectivism,in an absolute form and the non-divine Termini, in an absolute form is based Esoteric. therefore,sexuality is not a place for the credibility of his testimony in non-divine Termini and what is Subjectivism is ensuring the court judge in sentencing. it is necessary to mention thatresearch method isanalytic and is used in study of the sources, of the library method.

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