The Suspicion Prohibition Affectability by Time and Place Necessities with an Emphasis on Jurisprudential Fundamentals and Iranian Legal System Approach

Document Type : Original Article

Authors

• Zahra Hosainy Tabar ¹
• Amanullah Ali Moradi ²
• Mohammad Reza Ayati ³

¹ Ph.D student of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran

² Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran

³ Professor of Department Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran

Abstract

As a priority, suspicion bears no credit to be used as an argument and prove in lawsuits and they give no place for it in logics. Unless some certain cases of suspicion to be empathized by shaare', Quran and tradition too consider suspicion as unreliable in proving a truth and using it in Sharia verdicts. Suspicion is also prohibited by shaare' as a proof for a sharia verdict or in jurisdiction and credit litigation such as tradition with a single narrator; and, the priority is to prohibit it especially in relation with decisions on other people. Therefore, many of accusations, calumnies, roorbacks are mostly based on suspicion. For example, accusation for a murder may have its roots in suspicion. Notwithstanding, it should be acknowledged that, affected by time and place necessities, many of legal principles and rules governing the guarantee for the prohibition of suspicion (such as the presumption of innocence and in dubio pro reo) and also the rights for its guarantee (such as the right for litigation, the right to remain silent, the right for arraign and privilege from arrest) have gone under modifications.

Keywords

• opinion
• suspicion
• innocence
• time and place necessities

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