Critical analysis of the nature of imposed evidences in law of proving the claims
From one perspective, evidences in proving the claim in law are divided in two groups: persuasive and imposed evidences. Persuasive evidence is the evidence that judge has complete authority in accepting its contents. It affects in proving of claim only if the judge has convinced to its contents and...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Semnan University
2014-06-01
|
| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_1915_6c510abf4881a487531bff8b06e86ee3.pdf |
| _version_ | 1827342221500743680 |
|---|---|
| author | M. Molodi B. Haji Azizi M. hamze howeyda |
| author_facet | M. Molodi B. Haji Azizi M. hamze howeyda |
| author_sort | M. Molodi |
| collection | DOAJ |
| description | From one perspective, evidences in proving the claim in law are divided in two groups: persuasive and imposed evidences. Persuasive evidence is the evidence that judge has complete authority in accepting its contents. It affects in proving of claim only if the judge has convinced to its contents and has believed to its purport. Imposed evidence is effective in proving of claims apart from the judgeâs belief that is, the judge is bound to verdict on the basis of it, even if he has not been satisfied the imposed evidence. The concept of being imposed of evidences is related to judgeâs belief and persuasion and the belief is one of the elements of realization of knowledge, which its formative foundations and quality of its establishment is studied in the philosophical issues such as theory of knowledge or epistemology.
This paper criticizes the nature and concept of imposed evidence by using epistemological basics concerning the basis of belief, and acknowledges that this concept cannot be accepted and affirmed according to principle of symmetry in epistemology. |
| first_indexed | 2024-03-07T22:04:34Z |
| format | Article |
| id | doaj.art-bdf15eeb5a0541c39b256a3b73a38583 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:34Z |
| publishDate | 2014-06-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-bdf15eeb5a0541c39b256a3b73a385832024-02-23T23:17:13ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302014-06-0161019121010.22075/feqh.2017.19151915Critical analysis of the nature of imposed evidences in law of proving the claimsM. MolodiB. Haji AziziM. hamze howeydaFrom one perspective, evidences in proving the claim in law are divided in two groups: persuasive and imposed evidences. Persuasive evidence is the evidence that judge has complete authority in accepting its contents. It affects in proving of claim only if the judge has convinced to its contents and has believed to its purport. Imposed evidence is effective in proving of claims apart from the judgeâs belief that is, the judge is bound to verdict on the basis of it, even if he has not been satisfied the imposed evidence. The concept of being imposed of evidences is related to judgeâs belief and persuasion and the belief is one of the elements of realization of knowledge, which its formative foundations and quality of its establishment is studied in the philosophical issues such as theory of knowledge or epistemology. This paper criticizes the nature and concept of imposed evidence by using epistemological basics concerning the basis of belief, and acknowledges that this concept cannot be accepted and affirmed according to principle of symmetry in epistemology.https://feqh.semnan.ac.ir/article_1915_6c510abf4881a487531bff8b06e86ee3.pdfimposed evidencesbeliefevaluationproving the claimssettlement of disputes |
| spellingShingle | M. Molodi B. Haji Azizi M. hamze howeyda Critical analysis of the nature of imposed evidences in law of proving the claims مطالعات فقه و حقوق اسلامی imposed evidences belief evaluation proving the claims settlement of disputes |
| title | Critical analysis of the nature of imposed evidences in law of proving the claims |
| title_full | Critical analysis of the nature of imposed evidences in law of proving the claims |
| title_fullStr | Critical analysis of the nature of imposed evidences in law of proving the claims |
| title_full_unstemmed | Critical analysis of the nature of imposed evidences in law of proving the claims |
| title_short | Critical analysis of the nature of imposed evidences in law of proving the claims |
| title_sort | critical analysis of the nature of imposed evidences in law of proving the claims |
| topic | imposed evidences belief evaluation proving the claims settlement of disputes |
| url | https://feqh.semnan.ac.ir/article_1915_6c510abf4881a487531bff8b06e86ee3.pdf |
| work_keys_str_mv | AT mmolodi criticalanalysisofthenatureofimposedevidencesinlawofprovingtheclaims AT bhajiazizi criticalanalysisofthenatureofimposedevidencesinlawofprovingtheclaims AT mhamzehoweyda criticalanalysisofthenatureofimposedevidencesinlawofprovingtheclaims |