عناصر مشابهة
تغليظ اليمين و أثر النكول عنه على الحكم القضائي : دراسة فقهية مقارنة
| المصدر: | العدل |
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| الناشر: |
وزارة العدل
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| المؤلف الرئيسي: | |
| المجلد/العدد: | مج 14, ع 53 |
| محكمة: | نعم |
| الدولة: | السعودية |
| التاريخ الميلادي: | 2011 |
| التاريخ الهجري: | 1433 |
| الصفحات: | 185 - 228 |
| ISSN: | 1319-8386 |
| رقم MD: | 183618 |
| نوع المحتوى: | بحوث ومقالات |
| قواعد المعلومات: | IslamicInfo |
| مواضيع: | |
| رابط المحتوى: |
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| المستخلص: | This paper discusses the ways of emphasiz¬ing the oath and the effect of abstention on judi¬cial judgments. Here are the most important con¬clusions derived from this study: \ 1.\ Emphasizing the oath can be made by add¬ing some words to it, by repeating it, by taking it at a certain sacred place or by taking it at a cer¬tain time. \ 2.\ Emphasizing the oath by adding some words to it is made by adding names or attributes of Allah to the form of oath. \ 3.\ It is the preponderant opinion of scholars that it is advisable to emphasize the oath if this is seen proper by the judge. \ 4.\ It is also the preponderant opinion of scholars that emphasizing the oath by taking it on a copy of the Qur’an is not lawful or legiti¬mate because it was not done by the Prophet (peace and blessings be upon him) or any of his companions. \ 5.\ Emphasizing the oath by taking it at a cer¬tain time, e.g. after prayer or any other time con¬sidered sacred like Friday, the time between the adhaan and the start of prayer or any other sa¬cred time. \ 6.\ Emphasizing the oath by taking it at a cer¬tain place, e.g. at the holy mosque, the pulpit of the Prophet or any other sacred place. \ 7.\ It is advisable to emphasize the oath by taking it at a certain place or time if the judge deems it proper according to the preponderant opinion of scholars. \ 8.\ Abstention can be exercised by the one who is required under the law to take it at the court of trial, be he the claimant or the defend¬ant. \ 9.\ If the party to a case abstains from em¬phasizing the oath, it is considered a full absten¬tion that carries all the effects of abstention ac¬cording to the preponderant opinion of scholars. \ 10.\ In analogy, abstaining from emphasiz¬ing the oath is also an abstention that carries all the effects of abstention. \ 11.\ No judgment may be issued by mere abstention from taking the oath; rather the right to take the oath is given to claimant if the de¬fendant abstains from taking it. If the claimant takes the oath, the judge may issue the judgment in his favour. However, if he abstains from tak¬ing the oath, his right to the claim he filed is dropped. |
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