Non-Hearing the Testimony of Illegitimate-Born and Its Contrast with Human Dinity
Document Type : Research Paper
Author
Assitant Professor in Department of Islamic Jurisprudence and Law, Bozorgmehr University
10.22034/ra.2021.121343.2477
Abstract
Undoubtedly association of human right with the all-wise God in Islamic concept gives it some characteristics amongst which are establishment of justice and protection of human dignity. One of the issues which can be investigated in this regard is to review some of rules related to illegitimate-born children including the rule denoting that testimony of a child born by adultery cannot be heard despite his/her justice and commitment to Islamic necessities.
It is clear that holding such a discussion not only evaluates such a Fatwa against pure doctrines of Imamiyeh school of thought but also refutes some theological objections and questions. It is worth mentioning that different understandings of some jurist should not result in finding faults with jurisprudence and Imamiyeh developed school of thought which is built on the basis of justice and equity. Thus, the current study is a descriptive-analytical research which adopts a problem-based angle of look to criticize the proofs supporting the rule. Research findings show that the rule is not free from challenge and due to deficiency in proofs supporting the rule and considering absolutes and generals in this regard, hearing the testimony of these peoples is concluded.
It is clear that holding such a discussion not only evaluates such a Fatwa against pure doctrines of Imamiyeh school of thought but also refutes some theological objections and questions. It is worth mentioning that different understandings of some jurist should not result in finding faults with jurisprudence and Imamiyeh developed school of thought which is built on the basis of justice and equity. Thus, the current study is a descriptive-analytical research which adopts a problem-based angle of look to criticize the proofs supporting the rule. Research findings show that the rule is not free from challenge and due to deficiency in proofs supporting the rule and considering absolutes and generals in this regard, hearing the testimony of these peoples is concluded.
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