The wisdom of establishing the right by testimony in jurisprudence and law
DOI:
https://doi.org/10.51930/jcois.2021.65.271-316Abstract
Abstract
Islam has been concerned with preserving and maintaining rights, so the provisions in which it is preserved are legislated. Among that is the testimony that made it a way to prove the truth and obliges its bearer to fulfill right in order to preserve the right and establish justice and prevent injustices by defying conflict, and tyranny .
And while acknowledging that divine absolute wisdom that is the cause and origin of legal rulings is sufficient, it is obligatory to abide by its provisions and imposes obedience, surrender, contentment and work in accordance with its controls.
However, the realization of the defects behind the legislation in a comprehensive way that realizes the developments of rules and additions and divergences of days in human transactions and commitment covenants.
Our research was an attempt to realize the wisdom of legalizing testimony and presenting it in proving the right to jurisprudence.