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The Testimony as Evidence in the Light of Islamic Sharia Provisions (Applied Study of the Decisions of the Shari’a Court of Appeal and the Decisions of the Supreme Sharia Court in Jordan) |
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PP: 1093-1116 |
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doi:10.18576/isl/120429
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Author(s) |
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A. I. M. Al-Oqaili,
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Abstract |
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| This research aims to show the impact of proving divorce lawsuits and money lawsuits by personal evidence (testimonial proof) on the decisions of the Sharia Supreme Court and the decisions of the Sharia Court of Appeal.
The importance of the research lies in that it sheds light on the decisions of the Jordanian Sharia Supreme Court, which was recently established for the first time in the history of the Sharia judiciary in (2016) as the supreme reference for litigation in the Jordanian Sharia courts. The research reached several results, the most important of which is that the consequences of proving the lawsuits of divorce and money lawsuits by personal evidence are many and varied according to the diversity of the claimed right, including the continuation of the case, the confirmation of the claimed right, the judgment of the case as well as the dismissal of the case. Testimony (personal evidence) is also affected by the defenses raised against it when it is proven, and that is from two aspects, the first: this results in disqualification of this evidence and not being taken into account if the case is under consideration, and the second: in the event of the issuance of a verdict in the case, the witnesses shall be obliged to have a guarantee. The researcher recommended that the Sharia evidence be detailed in a special law independent from the Code of Sharia Court Procedure and called: "The Jordanian Sharia Evidence Law", as is the case in the Civil Evidence Law.
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