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- Title
حجية القرائن القانونية البسيطة في الإثبات بين الفقه الإسلامي والقانون الأردني.
- Authors
عبيدات, رضوان; شنب, أحمد أبو
- Abstract
This research addressed the provisions of simple presumptions of law conclusiveness in proof as being one of the established proof methods. This research aimed at the analysis of the inconclusive presumption of law concept, by explaining its concepts, types and force in proof, and distinguishing it from other presumptions, as well as legal matters raised by these subjects, all of which compared to the law and the Islamic Jurisprudence. Presumption of law is not evidence of proof, but an exemption therefrom. The litigant for which a presumption of law is raised is exempted from the burden of proof. The judge undertakes to take this presumption into consideration in all cases that conditions of applicability on the fact subject matter of the dispute before him are available. The legislator ensures that the fact to be proven is fixed by the existence of the presumption, and the permissibility of showing evidence on the opposite is a revelation of proof origin that requires the permissibility of denunciation of evidence by evidence. Compared what is established in the Islamic Sharia in this regard, this study concluded that the Islamic Sharia has taken into account from the beginning inconclusive textual presumptions. These presumptions were mentioned in the Holy Quran and Sunna, and have been worked on in the Islamic judiciary. Furthermore, Islamic scholars educed many origins of inconclusive presumptions from Quran and Sunna texts, for example, original presumption of innocence, and presumption that origin of things is permitted, etc. As a result, this comparison is enrichment for the legal knowledge, and this research is not free from practical result. The judge in Jordan is obliged to take into account textual presumptions mentioned in the Quran and Sunna in the case of lack of written evidence or presumptions of law pursuant to Article 2/2 of the Jordanian Civil Law.
- Subjects
PRESUMPTIONS (Islamic law); JURISPRUDENCE; ISLAMIC law; EXEMPTION (Law); ISLAMIC courts; CIVIL law
- Publication
Dirasat: Shar'ia & Law Sciences, 2013, Vol 40, Issue 1, p205
- ISSN
1026-3748
- Publication type
Article