نوع المستند : المقالة الأصلية
المؤلف
کلية البنات الازهرية - جامعة الازهر -الاقصر -مصر
المستخلص
عنوان المقالة [English]
المؤلف [English]
The non-Muslim testimony is one of the most important issues in Islamic jurisprudence in all times. However, it becomes more urgent in the present time witnessing great deal of interrelated commercial, agricultural, and industrial transactions between Muslims and non-Muslims. With the current proliferating violation of rights, the need for the judiciary has become indispensable to set rights back to their people. The judge, accordingly, might seek a testimony from non-Muslims in Muslim-non Muslim or non-Muslim non-Muslim dispute which makes it urgent to write on the judgment of non-muslim testimony in Islamic jurisprudence. I, therefore, write on this topic as following:
An introduction in which the researcher underscores the topic outline, its importance, method and its study plan.
First chapter wherein the researcher provide the definition for jurisdiction based on the shari’a law, its ordinance and its proof.
Second chapter deals with the definition of testimony before the fudge, its legislative source and its evidence.
Third chapter, which totally dedicated to make an identification of the category of non-Muslim witness.
Fourth chapter demonstrates the rule of delivering a testimony before a judge against or for a Muslim in the will by non-Muslim staying or during a journey.
Fifth chapter reveals the ruling of delivering a testimony before judge against or for non-Muslims by a non-Muslim.
A conclusion in which the study considers the testimony delivered by a non-Muslim before judge against or for Muslims or non-Muslims is permissible and legally accepted.
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