A Comparative Study of the Ways of Proving Anan in Islamic Jurisprudence, Iranian Law, and Iraqi Law
Anan or sexual impotence in men is a hidden complication and disease, which cannot be proven by relying on some methods of proof of litigation that are proposed in Islamic jurisprudence and laws. Some Imamiyyah and Sunni jurists believe that since the illness of Anan can only be diagnosed by the pe...
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| Format: | Article |
| Language: | English |
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University of Mazandaran
2023-09-01
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| Series: | پژوهشنامه حقوق تطبیقی |
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| Online Access: | https://lps.journals.umz.ac.ir/article_4307_030164dd4269b5c10a4d0d5365781069.pdf |
| _version_ | 1797681310345461760 |
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| author | Mahdi Rahmani |
| author_facet | Mahdi Rahmani |
| author_sort | Mahdi Rahmani |
| collection | DOAJ |
| description | Anan or sexual impotence in men is a hidden complication and disease, which cannot be proven by relying on some methods of proof of litigation that are proposed in Islamic jurisprudence and laws. Some Imamiyyah and Sunni jurists believe that since the illness of Anan can only be diagnosed by the person himself, evidence such as testimony is not acceptable to prove Anan. And they don't even consider ways such as a forensic medical certificate that diagnoses the said disease through detailed tests;. However, in contrast to these jurists, another group of Islamic jurists considers the testimony of witnesses to prove the Anan and believe that if the witnesses’ testimony is through experts and evidence, which leads to definitive knowledge of a person's sexual impotence, it can be a document of the judge's decision. In Iranian Law, due to the silence of the law regarding the ways of proving the disease, the procedure of the courts is that in order to diagnose the mentioned disease, they refer the person to the forensic medicine and make the expert’s opinion and the forensic medical certificate the basis of the verdict. However, it is possible to prove the objectivity of a person according to other evidence such as confession and testimony that are used to prove legal claims. In Iraqi law, the opinion of the Forensic Medicine Commission is considered the only way to prove the sexual impotence of the couple and his suffering from ennin's disease. In Iraqi law, the opinion of the Forensic Medicine Commission is considered the only way to prove the sexual impotence of the couple and his suffering from Anan's disease. |
| first_indexed | 2024-03-11T23:43:08Z |
| format | Article |
| id | doaj.art-9f62535bf17e4a4aa65300f168acfaf2 |
| institution | Directory Open Access Journal |
| issn | 2423-7566 |
| language | English |
| last_indexed | 2024-03-11T23:43:08Z |
| publishDate | 2023-09-01 |
| publisher | University of Mazandaran |
| record_format | Article |
| series | پژوهشنامه حقوق تطبیقی |
| spelling | doaj.art-9f62535bf17e4a4aa65300f168acfaf22023-09-19T15:20:38ZengUniversity of Mazandaranپژوهشنامه حقوق تطبیقی2423-75662023-09-0172678410.22080/lps.2023.24358.14744307A Comparative Study of the Ways of Proving Anan in Islamic Jurisprudence, Iranian Law, and Iraqi LawMahdi Rahmani0Assistant Professor, Department of Private Law, Kharazmi University, Tehran. Iran.Anan or sexual impotence in men is a hidden complication and disease, which cannot be proven by relying on some methods of proof of litigation that are proposed in Islamic jurisprudence and laws. Some Imamiyyah and Sunni jurists believe that since the illness of Anan can only be diagnosed by the person himself, evidence such as testimony is not acceptable to prove Anan. And they don't even consider ways such as a forensic medical certificate that diagnoses the said disease through detailed tests;. However, in contrast to these jurists, another group of Islamic jurists considers the testimony of witnesses to prove the Anan and believe that if the witnesses’ testimony is through experts and evidence, which leads to definitive knowledge of a person's sexual impotence, it can be a document of the judge's decision. In Iranian Law, due to the silence of the law regarding the ways of proving the disease, the procedure of the courts is that in order to diagnose the mentioned disease, they refer the person to the forensic medicine and make the expert’s opinion and the forensic medical certificate the basis of the verdict. However, it is possible to prove the objectivity of a person according to other evidence such as confession and testimony that are used to prove legal claims. In Iraqi law, the opinion of the Forensic Medicine Commission is considered the only way to prove the sexual impotence of the couple and his suffering from ennin's disease. In Iraqi law, the opinion of the Forensic Medicine Commission is considered the only way to prove the sexual impotence of the couple and his suffering from Anan's disease.https://lps.journals.umz.ac.ir/article_4307_030164dd4269b5c10a4d0d5365781069.pdfananislamic jurisprudencewitness testimonyforensic medical certificatemethods of proof |
| spellingShingle | Mahdi Rahmani A Comparative Study of the Ways of Proving Anan in Islamic Jurisprudence, Iranian Law, and Iraqi Law پژوهشنامه حقوق تطبیقی anan islamic jurisprudence witness testimony forensic medical certificate methods of proof |
| title | A Comparative Study of the Ways of Proving Anan in Islamic Jurisprudence, Iranian Law, and Iraqi Law |
| title_full | A Comparative Study of the Ways of Proving Anan in Islamic Jurisprudence, Iranian Law, and Iraqi Law |
| title_fullStr | A Comparative Study of the Ways of Proving Anan in Islamic Jurisprudence, Iranian Law, and Iraqi Law |
| title_full_unstemmed | A Comparative Study of the Ways of Proving Anan in Islamic Jurisprudence, Iranian Law, and Iraqi Law |
| title_short | A Comparative Study of the Ways of Proving Anan in Islamic Jurisprudence, Iranian Law, and Iraqi Law |
| title_sort | comparative study of the ways of proving anan in islamic jurisprudence iranian law and iraqi law |
| topic | anan islamic jurisprudence witness testimony forensic medical certificate methods of proof |
| url | https://lps.journals.umz.ac.ir/article_4307_030164dd4269b5c10a4d0d5365781069.pdf |
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