نوع مقاله : مقاله پژوهشی
نویسنده
استادیار پژوهشگاه حوزه و دانشگاه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Oath as one of the evidences to prove claim has been normally accepted in all legal systems. Obviously, every judicial system to maintain the creditability, influence and power of oath may consider special requirements which are mainly consistent with prevailing values of that society. Since monotheism and religion are core values of Iran's society, the legislator with stressing on these values has only taken the oath in Allah's name valid. Emphasizing on the necessity of this requirement in legal disputes between Iranian Muslims with non-Iranian ones, as noted Iranian and Muslim oath, is entirely reasonable and does not arise any problem or question. But the emphasis on the necessity of this requirement in cases of non-Muslim Iranians and foreigners especially non-Muslim foreigners poses a question which Iran's law has not explicitly dealt with. So according to article 167 of Iranian constitution the answer must be sought in Islamic jurisprudence and Sharia. The present paper has attempted to find out the answer to this question with investigation of the oath in international and interfaith legal claims from the viewpoint of Islamic jurisprudence.
کلیدواژهها [English]
