مطالعات فقه و حقوق اسلامی (May 2017)

Hearsay as an Evidence

  • mohammad Abouata,
  • Arman Baharloo

DOI
https://doi.org/10.22075/feqh.2017.7610.
Journal volume & issue
Vol. 9, no. 16
pp. 31 – 52

Abstract

Read online

In Islamic jurisprudence, information based on hearsay, is introduced, under testimony, as a legal proof. Due to silence of the regulations concerning evidence in civil code and code of civil procedure in this matter, the role of this proof is subject to discussion in current legal order and naturally in civil proceedings. By deliberation in jurisprudential resources, doctrine and legal regulations relating to evidence in civil code and civil procedure code, it appears that providing information supported by hearsay, which is similar and related to testimony and local investigation in some respects, may be principally invoked in civil disputes whether in making action or defense against it.

Keywords