نوع مقاله : علمی تخصصی
عنوان مقاله [English]
The rule ‘Evidence and oath’ is one of the most important and most famous jurisprudential rules in the field of ‘judgment’, and all Islamic sects have confirmed it by common consent.
The proof for this rule is a tradition quoted from our holy prophet Mohammad (PBUH):
“The proof (evidence) is to be presented by the claimant and the oath is to be presented by the denier.” This rule is famous among the Islamic jurisprudents by the same name.
The civil law also counts the rule one of the evidences for claim proof. It is effective in all sections of discussions about ‘disputes’; in spite of all its inclusiveness , however, such cases as ‘compurgation’ have been excluded from this rule. There are some conditions for this rule that will be mentioned. According to this rule, the primary duty belongs to the claimant and the secondary duty to the denier.