چکیده:
The position of testimony and witnessing as one of the proofs for establishing a claim in judicial jurisprudence, both civil and criminal, and proving the subjects of Sharia rulings, necessitates the recognition of valid conditions in jurisprudence and law. Based on verses, traditions, and legal articles, conditions such as maturity, sanity, Islam, justice, and lack of accusation are accepted as common conditions, while conditions such as faith, freedom, speech, etc., are accepted as non-common conditions. Some conditions, such as ritual purity of the progenitor, are also subject to dispute, which has been examined according to the arguments of the two sects.
خلاصه ماشینی:
d. ], 2, 370; Al-Bujayrimi, 1996, 4, 374; Al-Zahiri, 1980, 8, 504; Al-Zayla'i, 1313, 4, 210; Al-Zuhayli, 1418, 6035); the testimony of an episodic insane person during their state of insanity is also not acceptable; however, during a state of lucidity, provided that their presence of mind and full awareness are established for the judge, it is permissible, because the evidences do not include them in that state (Shahid al-Thani, [n.
Therefore, if someone is notorious for lying and immorality (fisq), his testimony and witness is not accepted, and this condition is a matter of consensus among Imami jurists (Najafi, 1396, 25) and Sunnis (Al-Zuhayli, 1418, 6037).
Imami jurists (ibid, 133) and Sunnis (Al-Zuhayli, 1418, 6042), by consensus, consider the testimony of an enemy against an enemy to be rejected; but they have accepted it in favor of an enemy (Hurr al-Amili, 1403, Chapter 30).
14-3- Sight: Regarding sight, two opinions from the Sunnis have also been reported: The first opinion: Abu Hanifa, the Shafi'is, and Muhammad consider sight to be a condition in a witness; even the Hanafis have said that the testimony of a blind person is not accepted, even if they were sighted at the time of receiving the testimony (ibid.
4- Ibn Zuhra, Hamza bin Ali, (1417), Ghunyat al-Nuzu' ila Ilm al-Usul wa al-Furu', Imam Sadiq Institute, Qom. 5- Ibn Abidin, Muhammad Amin, (1994 AD), Hashiyat Radd al-Muhtar Sharh Tanwir al-Absar, Dar al-Fikr, Beirut, second edition.
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