نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق کیفری و جرمشناسی، دانشگاه میبد، یزد، ایران.
2 استادیار، گروه حقوق کیفری و جرمشناسی، دانشگاه میبد، یزد، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
For a witness's testimony to be admitted as evidence in a legal proceeding, jurists have stipulated that the witness must fulfill specific legally prescribed conditions. One such condition is the absence of suspicion of partiality. Among those whose testimony raises suspicion of seeking personal gain is a hired employee (ajīr), which has led to divergent opinions among jurists regarding the validity of such testimony. Early jurists generally maintained that an employee's testimony should not be accepted, while later jurists hold the view that it is admissible. The legislator has also adopted an ambiguous approach on this matter. This research, aiming to resolve this ambiguity, employed a descriptive-analytical method, utilizing library resources to gather information and analyze the presented jurisprudential foundations. However, no definitive criterion was found for rejecting the testimony of an interested party. The sole extracted principle is that if, by giving testimony, the hired employee becomes affectively aligned with one of the litigating parties—as if they were themselves considered a party to the dispute—then the designation of "witness" does not truthfully apply to them, even if they possess verified probity (ʿadālah). One could argue that, once probity is verified, the requirement of being disinterested stipulated in Article 177 of the Islamic Penal Code becomes redundant. Consequently, the judge becomes the arbiter for evaluating evidence. The judge determines to what extent a piece of evidence [in this case, testimony] possesses the religious and legal credibility intended by the Lawgiver, even if it does not produce certainty
کلیدواژهها [English]
قرآن کریم.
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