EN
TR
Validity of Testimony that Based on Common Hearings In Islamic Procedure Law
Abstract
Validity of Testimony that Based on Common Hearings In Islamic Procedure Law In this article, it is aimed to discover the theoretical frame of testimony that based on common hearings and it’s legitimacy sources and location of some contemporary laws, and thereafter all, to investigate the timeliness of this testimony. Data was compiled from books of furu fiqh and from some contemporary laws. It is preferred the methods of depiction and analysis and comparison. It seems that the testimony that based on common hearings has become one of the exceptions in Islamic procedure law. The main feature of this kind of witness is the way of getting the knowledge. Another feature, non- disclosure of source knowledge to be used in testimony. Testimony that based on common hearings has been adopted as legitimate because of not found genuine witnesses about the some juridical events. According to the Hanafis, this justification is under method of istihsan. Today, although the registration has spread and the official records has stored as safer, it is seen that, the need for testimony that based on common hearings has continued. It has been involved in some contemporary law. The contribution provided to Islamic law is a sample point in understanding the dynamism of tradition fiqh and will be directive on similar topics
Keywords
Details
Primary Language
Turkish
Subjects
Religion, Society and Culture Studies
Journal Section
Research Article
Authors
Bilal Esen
Türkiye
Publication Date
December 30, 2015
Submission Date
October 1, 2015
Acceptance Date
-
Published in Issue
Year 1970 Volume: 15 Number: 2