القواعد والضوابط الفقهية المتعلقة بالشهادة وتطبيقاتها في المحاكم الشرعية في الضفة الغربية
Date
2021-08-02
Authors
سجود يوسف أحمد صافي
sojood yousef ahmad safi
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
The testimony is one of the means of proof, and the oldest of these means in use, it has a great status in Islamic law, and the importance of testimony in establishing rights and resolving disputes arising between people, this study came to address the rules and controls related to testimony by research, through three chapters, dealt with in the chapter The first is the definition of jurisprudential rules and regulations and the difference between them, and that the jurisprudential rule: " It is a total ruling based on legal evidence, formulated in a tight abstract formulation, applicable to its parts as a way of steadily and majority"1 , And the
1 . Al-Ruki, Muhammad Al-Ruki, Theory of Jurisprudential Repetition and its Impact on the Differences of Jurists, p.: 48, New An-Najah Press - Casablanca, I 1, 1414 AH / 1994 AD .
officer: it is “a total judgment that applies to its parts”1, while the second chapter came to discuss the nature of the testimony in terms of its definition, legitimacy, pillars and conditions. And he dealt with the jurisprudential rules and regulations related to testimony and the applications in force in the Sharia courts in the West Bank, and among these rules that were discussed is the rule of the witness whose testimony is not benefited, or every testimony that included the forging of spoils for the witness, or the payment of a fine on his behalf, is rejected, as was found in the conclusion including it From the findings, recommendations and glossaries of this thesis.