چکیده:
Testimony is one of the proofs for establishing a claim, playing an important role in proving claims in modern law, and the discussion revolves around the conditions for the validity and authenticity of testimony. In all legal systems, witness testimony has been one of the proofs for establishing claims required by the parties to a lawsuit to prove their claims, and the type and extent of its use varies in each country. Furthermore, in Islam, this principle has been accepted in a rational manner, and conditions have been established for it that must be derived from traditions (Hadiths) and verses. Therefore, testifying is one of the social rights of every individual, and no one can be deprived of it without cause, even by law. Additionally, testimony is often realized directly and sometimes indirectly, which is referred to as 'Shahadat-e Far' (secondary testimony). The Civil Procedure Law also dedicates articles 229 to 247 to the subject of testimony, and in article 233 itself, it considers some of the aforementioned cases to be mandatory to follow in criminal procedure as well. In the present article, we aim to examine the legal and jurisprudential system governing testimony and address its nature.
خلاصه ماشینی:
Furthermore, with the passage of the Islamic Penal Code approved in 2013, the legislator has, for the first time in criminal law, mentioned "testimony upon testimony" as one of the proofs of criminal claims, and testimony has become the most common reason of attention, which is an instance of Sharia evidence (bayyinah shar'iyyah).
Consequently, it is observed that in civil matters, unlike criminal matters and contrary to the famous opinion of Imami jurists, the legislator has not considered the presence of a witness in court for the purpose of providing testimony as an obligation, although some among legal scholars have occasionally regarded testimony as an obligation in a general sense (Katouzian, 1394: 267).
According to Articles 194 to 201 of the Civil Procedure Law, it is proven that evidence is considered by the law in terms of its use during the litigation stage, because the proof of facts and defense thereof generally takes place in court; on the other hand, someone who has evidence in court is not free to use it as they wish, therefore they can rely on it within the limits of the regulations related to litigation stated in the Civil Procedure Law. Furthermore, the judge cannot accept evidence presented by the parties to the lawsuit at any time, nor can the judge independently present evidence if a lawsuit is brought to the court, and of course, search further or let their conscience prevail and rule based on whatever they believe.
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