Answering the Number and Gender of Witnesses in Hearsay Evidence Through the Analysis of Nature

Document Type : Technical-Scientific

Authors

1 Assistant Professor at University of Judicial Sciences and Administrative Services

2 Assistant Professor of Law at Islamic Azad University of Qom Unit

3 MA in Documents and Commercial Contracts Law at University of Judicial Sciences and Administrative Services

4 MA in Private Law at Islamic Azad University of Boroujerd Unit

Abstract

The General Legal Department of the Judiciary has been asked about the number and differences of witnesses in hearsay evidence as well as their gender.  In the advisory theory No. 1750/93/7 - 20/10/2014, the proposed answer has created the suspicion that the witnesses are different and the replacement of the mediating witness regarding their number.The answers to the questions mentioned in jurisprudence are discussed by jurists who have tried to provide answers by analyzing the nature of hearsay. Due to the lack of an explicit legal text in this regard and the ambiguity of the legislative language in Articles 188 and Note 1, 189 and 199 of the Islamic Penal Code and Article 231 of the Code of Civil Procedure, the task of seeking the true purpose of the legislator following Article 167 of the Law There is a basic.By analyzing the descriptions mentioned in Islamic jurisprudence, the hesitation of the jurists' words and the disobedience of the work to the basis became more apparent. Therefore, considering the reputation of thework mentioned in jurisprudence about the need for two people to hearsay, it is believed that a method should be chosen so that it can be consistent with the work.Therefore, among the mentioned principles, the positive nature of hearsay evidence leads us to the goal.

Keywords

Judgment
Volume 20, Issue 102
September 2020
Pages 39-62

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History

  • Receive Date: 06 April 2020
  • Revise Date: 24 April 2020
  • Accept Date: 26 August 2020

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