Pathology of witness testimony conditions with a conflict of interest management approach in Islamic jurisprudence

Document Type : Original Article

Author

PhD in private law, Faculty of Law and Political Science, University of Tehran and lecturer

Abstract

Conflict of interest is a situation in which a person who is responsible for protecting the interests of others (primary benefit) is able to make decisions that the consequences of these decisions affect others; But because of personal interests, there is a fear that the decision maker will put his personal interests (secondary interest) before the interests of others. The existence of a conflict of interest for the witness makes him a suspect and distorts the validity of his testimony; For this reason, it is necessary to properly explain the cases of conflict of interest of the witness in order to maintain the validity of this important positive reason in the legal system, and also to limit the grounds for unnecessary injury to witnesses; Therefore, it is necessary to answer the question that in the Iranian legal system, what strategies are envisaged for managing the conflict of interests of witnesses? And in what cases are the envisaged solutions defective and need to be corrected? In the present article, the positions of conflict of interest of the witness are presented and the position of the Iranian legal system in each case is reviewed and it was concluded that firstly, the legislator did not fully explain the positions of conflict of interest and it is necessary to ignore the positions of the system. Explain our rights, and secondly, in cases where the legislator has paid attention to the principle of conflict of interest, his performance in the manner of expressing the prohibition can be criticized and needs to be corrected.

Keywords

References

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Journal of Studies in Islamic Law & Jurisprudence
Volume 13, Issue 25
November 2021
Pages 313-338

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