چکیده:
Testimony as one of the proofs of litigation is one of the most important and widely used issues in Islamic jurisprudence and law, the terms and conditions of which have been well expressed by the jurists and Mujtahids of the Islamic Ummah. One of the main and controversial issues in this regard is the condition of legitimacy of birth, which the famous Imami jurists and consequently the Iranian law has considered it as a condition for witness, so they do not accept the testimony of the adulterate absolutely; However, Shahid Thani and Sheikh Tusi, among the great Imami jurists and the majority of Sunni jurists, do not consider lawfulness of birth as a condition and believe in accepting the testimony of the adulterate in all civil and criminal matters. Malikis does not allow the testimony of the adulterate on the adultery of another person, and Sheikh Tusi, in another view, has accepted the testimony of the adulterate only in minor matters. The present study, which has been done by descriptive and analytical method, shows that the view of absolutely accepting the testimony of the adulterate is more convincing due to the generality and absoluteness of the reasons of testimony and its non-dedication or restriction and also according to the verse of “Wizr”. As a result, the testimony of the adulterate will be acceptable.
خلاصه ماشینی:
Although research and investigation into the rulings concerning walad al-zina and illegitimate children have long been a subject of attention, discussion, examination, and debate among Islamic jurists and legal scholars—to the extent that few sources are found in the jurisprudential and legal books of Islamic schools that have not addressed the subject of walad al-zina and children born outside of marriage—the passage of time and new global developments aimed at protecting children and safeguarding their rights and interests, the adoption of the Convention on the Rights of the Child by the United Nations, and the emphasis that a child, regardless of the origin of their birth (legitimate or illegitimate), must enjoy all social rights and freedoms, as well as the posing of questions such as: if a person born out of wedlock possesses all the conditions of a witness, including justice, the meaning of the trait that prevents him from committing major sins and persisting in minor ones, why should his testimony not be accepted?
These narrations are in conflict with some other narrations, such as the narration of Muhammad ibn Muslim from Imam al-Sadiq7 who said: "لاتجوز شهادة ولد الزنا" (The testimony of walad al-zina is not permissible) (Tusi, 1413 AH, Vol. 6: 211), which conflicts with another narration from the Imam7 who, in response to a questioner, said: Yes, his testimony is permissible, although he cannot hold the imamate (Hurr al-Amili, n.
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