“Recantation of the testimony and its rulings in Islamic jurisprudence”

Hegazy, Emad Hamdy Mohamed Mahmoud

doi:10.21608/bfda.2022.250078

“Recantation of the testimony and its rulings in Islamic jurisprudence” "Comparative jurisprudence study"

Document Type : Original Article

Author

Emad Hamdy Mohamed Mahmoud Hegazy

Department of Comparative Jurisprudenc, Islamic and Arabic Studies for Girls in Beni Suef, Al-Azhar University ,Arab Republic of Egypt

10.21608/bfda.2022.250078

Abstract

The testimony is one of the means of proof in the judiciary on which the establishment and preservation of rights and the preservation of the judicial position from unfair and error. The testimony in Islamic jurisprudence is one of the most important means of proof for the following:
1- Testimony is necessary for the establishment of social life. It is a criterion for distinguishing truth from falsehood, and a barrier that separates a true claim from a false one. Testimony is the soul of rights; Allah revives lives with pure souls, and revives rights through truthful testimony.
2- The testimony can be used in all areas in terms of proof, and for others, it is not used except in a narrow scope, it is not possible to prove crimes of theft and murder in writing and the oath is not sufficient to implement the punishment.
3- Testimony is one of the strongest means of proof, as it is stronger than an oath because oath depends on the piety of the plaintiff who spares no effort to reach what he claims and relies on the piety of the defendant who does his utmost to get rid of the case, and oaths are more suitable for defense than for proof.

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