الشهادة لعمودي النسب : دراسة فقهية تأصيلية : "مع دراسة تطبيقية في المحاكم السعودية"

الملخص EN

Testimony is one of the most important legitimate means to preserving right, stopping oppression and achieving justice among people.

That is why Fiqh scholars (May Allah have mercy on them) clarified the rulings of testimony, the conditions that should be available in the witness bearer and the obstructions that stop the testimony.

Among the most important issues dealt with by Fiqh scholars is the case when the witness bearer is convicted of a charge which forms a cause to refuse testimony.

Thus, this research deals with the testimony of kinship as kinship relations affect one's testimony, concentrating on the strongest kinship relations which are those of off-springs to their forebears and vice versa.

The topic is selected for its importance and to the best of the researcher's knowledge, no study has been conducted to show the stand of the Islamic Fiqh, the Saudi system and Judiciary.

The study aims at showing the stand of the Islamic Fiqh, the Saudi system and Judiciary regarding this issue.

It answers the following questions: Is the testimony of the off-springs for the forbears and vice versa a charge that voids testimony? Does the Saudi system state that such a testimony is not accepted? Has the Saudi Judiciary accepted such testimony? The study falls into three sections: the first section deals with the testimony of off-springs and forbears in the Islamic Fiqh.

The second is about the testimony of off-springs and forbears in the Saudi system.

The third section is a practical study of the Saudi court.

The study is concluded with a number of results, the most important of which are: Fiqh Scholars agreed that testimony is accepted if it is not for a kinship and it is up to the judge to accept the testimony of off-springs and forbears if there is no charge.

The Saudi system does not state that this testimony is accepted; consequently, the ruling in such cases is left to the general rules approved by the Saudi judiciary system.

The study also shows that the Saudi judiciary system accepted such testimony when the witness is not charged.