Research Article

Validity of Testimony that Based on Common Hearings In Islamic Procedure Law

Volume: 15 Number: 2 December 30, 2015
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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

ISNAD
Esen, Bilal. “İslam Muhâkeme Hukukunda Yaygın Duyuma Dayalı Şahitliğin (Eş-Şehâde Bi’t-Tesâmuʻ) Kabulü”. Marife Dini Araştırmalar Dergisi 15/2 (December 1, 2015): 257-282. https://izlik.org/JA98SS99WC.