A Comparative Study of the Ways of Proving Anan in Islamic Jurisprudence, Iranian Law, and Iraqi Law

Abstract

Anan or sexual impotence in men is a hidden complication and disease, which cannot be proven by relying on some methods of proof of litigation that are proposed in Islamic jurisprudence and laws. Some Imamiyyah and Sunni jurists believe that since the illness of Anan can only be diagnosed by the person himself, evidence such as testimony is not acceptable to prove Anan. And they don't even consider ways such as a forensic medical certificate that diagnoses the said disease through detailed tests;. However, in contrast to these jurists, another group of Islamic jurists considers the testimony of witnesses to prove the Anan and believe that if the witnesses’ testimony is through experts and evidence, which leads to definitive knowledge of a person's sexual impotence, it can be a document of the judge's decision. In Iranian Law, due to the silence of the law regarding the ways of proving the disease, the procedure of the courts is that in order to diagnose the mentioned disease, they refer the person to the forensic medicine and make the expert’s opinion and the forensic medical certificate the basis of the verdict. However, it is possible to prove the objectivity of a person according to other evidence such as confession and testimony that are used to prove legal claims. In Iraqi law, the opinion of the Forensic Medicine Commission is considered the only way to prove the sexual impotence of the couple and his suffering from ennin's disease. In Iraqi law, the opinion of the Forensic Medicine Commission is considered the only way to prove the sexual impotence of the couple and his suffering from Anan's disease.

Keywords

• anan
• islamic jurisprudence
• witness testimony
• forensic medical certificate
• methods of proof