Hosseini Manesh S M M, Bagheri A. The Position of Medical Tests as Evidence of the Authority of the Judge in the Jurisprudence and Criminal Law with a Systemic Approach. Quran and Medicine 2021; 5 (4)
URL:
http://quranmed.com/article-1-479-en.html
1- PhD student in Jurisprudence and Fundamentals of Islamic Law, Department of Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Tehran, Iran.
2- Full Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, University of Tehran, Tehran, Iran (Corresponding Author). , bagheri@ut.ac.ir
Abstract: (1363 Views)
Purpose: The present study tries to study and analyze the Quranic, Islamic and legal evidences of the authority of medical tests as evidences of the judge's knowledge in order to clarify this issue through these studies of Islamic and legal jurisprudence.
Materials and Methods: This research has been carried out by the method of library studies and in a descriptive-analytical manner, which has been obtained and analyzed by referring to Quranic, jurisprudential, legal and scientific texts.
Findings: The advancement of medical knowledge and modern medical tools has caused many unknowns in the past to become objective facts. Today, medical knowledge has been able to identify the causes and factors of the phenomena that have occurred by performing the most accurate experiments. Now the question arises whether medical tests can be considered as one of the evidences of a judge's science? There are two approaches to answering this question. The first approach is that due to the error in medical tests, these tests cannot be considered as evidence of the judge's knowledge. Another approach is that according to the verses, "«... وَشَهِدَ شَاهِدٌ مِنْ أَهْلِهَا إِنْ کَانَ قَمِیصُهُ قُدَّ مِنْ قُبُلٍ فَصَدَقَتْ وَهُوَ مِنَ الْکَاذِبِینَ* وَإِنْ کَانَ قَمِیصُهُ قُدَّ مِنْ دُبُرٍ فَکَذَبَتْ وَهُوَ مِنَ الصَّادِقِینَ " (Yusuf: 26-27) and judgments Imam Ali (AS) and other jurisprudential and legal evidences can be considered as medical tests as one of the evidences of the judge's knowledge.
Conclusion: Considering the holy verses of the Holy Quran, Islamic traditions and other jurisprudential and legal evidences, medical examinations can be considered as one of the evidences of the knowledge of the judge. What is more, by combining judicial rulings with precise medical scientific methods, judging can be more efficient and solve many problems and challenges. Justice, fairness and discovery of truth, which is one of the highest goals of judgment from the perspective of the Holy Quran and hadiths, can also be achieved by using modern medical methods and experiments.
Type of Study:
Research |
Subject:
Special Received: 2021/03/30 | Accepted: 2021/06/15 | Published: 2021/06/21