نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه فقه و مبانی حقوق اسلامی دانشکذه الهیات دانشگاه مازندران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
With the emergence of cyberspace, a transformation in human communication and digital proceedings has been realized in a comprehensive manner. This transformation has confronted traditional concepts of Islamic jurisprudence, including witness testimony, with new challenges. The present study was written using an analytical-descriptive method with the aim of investigating the jurisprudential validity of testimony in cyberspace. After the author considered the presence of witnesses in court and testimony before the judge necessary through rational considerations and also the correspondence arising from the relevance between the ruling and the subject in the narrations indicating the validity of testimony as one of the evidences to prove the case, he continued by adhering to the application of narrations entered in relation to the validity of witness testimonies as one of the evidences to prove the case, and considered virtual testimony valid before the judge. However, considering that the presence of a witness in court and the testimony before the judge are considered as one of the constraints on the validity of testimony, virtual presence before the ruler must also be observed in virtual testimony. Given that the presence of testimony before the judge can be proven at most by citing rational connections and analogies arising from the relevance between the verdict and the subject, and restricting presence to its physicality cannot be done using these rational connections and analogies, virtual presence is sufficient because it is considered to be present from the perspective of custom. Also, in citing the applications of evidence to prove the validity of testimony in cyberspace before the judge, disputes such as the lack of inclusion of the situation...
کلیدواژهها [English]