نوع مقاله : علمی- ترویجی
نویسنده
دانشیار دانشگاه شهید مطهری
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In Islamic Judicial system every individual has the right to plead for justice to protect their rights against the claimant. They have to prove the existence, feasibility and violation of that right. The process of lawsuits and proof for rights are almost the same in most cases. In jurisprudence, the concept and scope of proof and distinction between the claimant and denier, as well as the proof of the claim are stated in general rules and statements which can be mentioned Islamic Judicial system.
In this paper the context and documentation of two jurisdictional rules: Bayyina (clear proof) and Iqrar (confession) and their application in family law have been taken into consideration. In legal procedures jurists have brought up some judicial theories such as the rule of clear proof (Bayyina) in jurisprudential texts and have expressed their application, some of which are related to family law. Also the rule of confession which is related to cases such as proof of kinship, proof of parentage and acceptance of the spouse’s impotency have also briefly been studied.
کلیدواژهها [English]
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