قضاوت بر اساس شاهد و سوگند مدعي در فقه اسلامي

Judicature based on Witness and Defendant Oath in the Islamic Jurisprudence

This article analyses judicature decree on the basis of witness and defendant oath. At first the author defines" Haghollah" and "Haghonnas "and then indicates that is judicature permitted or not?He finds there are four sayings in this regard as follows: 1. lack of permit for judicature on the basis of witness testimony and defendant oath in general 2. Permit for judicature on the basis of witness testimony and defendant oath in all kinds of"Haghonnas" 3. Special meaning of permit for judicature on tne basis of witness testimony and defendant oath in DAYN. 4. General meaning of permit for judicature on the basis of witness testimony and defendant oath in DAYN. At the last part of the present article, the author analyses the fourth saying and proves it according to the consensus and other traditions.