Evidencing process as a burden and as a right legal study with Islamic jurisprudence | ||
| Journal of Kufa legal and political science | ||
| Article 1, Volume 7, Issue 21, December 2014, Pages 7-41 | ||
| Authors | ||
| Ammar Mohsin Kzar; Aziz Kadhim Jaber al-Khafaji | ||
| Abstract | ||
| when deliver his judgments, judge decides according to evidence that he has accepted. Opponent which adduces the more reliable evidence will ultimately win the case at issue. Hence all litigants will do their utmost to convince judges that their evidence is more reliable and admissible than the evidence of their opponents. Consequently, in every case there will be conflicting and contradicting evidence that judge has to evaluate and to outbalance contradicting evidence. This study addresses the problem of contradiction of evidence in civil proceedings. The issue of contradiction of evidence is a logical-legal problem which faces judges in almost every case. The judgment is a multi-factor process based on three main elements; facts, law, and evidence. Without evidence , disputed rights cannot be protected and then they devoid the character of legal and enforceable right. Due to the lack of provisions which address the issue of contradiction of evidence, the study relied on comparison between law and Islamic jurisprudence. The study discussed the attitude of Islamic jurisprudence and then it moved to the attitude of Iraqi and Egyptian laws. thesis has been divided into two chapters with introductory section which has discussed the mean of evidence. | ||
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