نوع مقاله : مقاله پژوهشی
نویسندگان
دانشگاه شیراز دانشکده الهیات بخش علوم قرآن و فقه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Note 2 of Article 1313 of the Civil Code has not accepted the testimony of the beggar with begging as their main job like many other jurists. But some jurists have accepted the testimony of the beggars who do not commit Haram works. This study has performed with descriptive and analytic methodology and the results revealed that there are certain parameters for acceptance or rejection of the testimony of the beggar. These factors are: 1) There are different interpretations of the hadith “The beggar is the one on his palm” and this hadith is the basis of not accepting his testimony. 2) There are discrepancies between the jurists whether begging is Haram or not. 3) If we accept that begging is not Haram, why should not we accept his testimony? This case has caused some jurists and lawyers consider non-begging as an independent condition for justice. 4) Lack of a rule that includes all cases of "being exposed as a witness". The conditions of “justice” and “not being suspected” has led to the rejection of the begging testimony, while begging alone does not deprive justice. Unless it is accompanied with Haram acts like lying, cheating, etc. On the other hand, "being under suspicion" does not lead to the non-acceptance of testimony everywhere
کلیدواژهها [English]