Ray (Judicial Case Review)

Ray (Judicial Case Review)

The validity of the testimony of relatives in the courts

Author
Abstract
The testimony of witnesses is one of the proofs of the lawsuit. Sometimes litigants cite the testimony of their relatives to prove their claim. Given that there is a possibility of collusion between the parties to the case and their relatives to present false testimony in court, there are doubts about the authenticity of such testimony, which has caused conflict between the rulings issued by the courts. In the present study, the authors have answered the question of whether the testimony of relatives in court is acceptable or not, with a descriptive-analytical method and data collection through a library method, with a jurisprudential-legal approach. The results obtained from the research indicate that in our judicial system, following the Imami jurisprudence, the testimony of relatives is valid and acceptable. It is also necessary for the judge to prove that the witnesses are pious. If the relatives are found to be pious, the judge must accept their testimony.
Keywords

Volume 10, Issue 36
Summer 2021
Pages 117-133

  • Receive Date 24 September 2021
  • Revise Date 05 October 2021
  • Accept Date 29 December 2021