يمين الشاهد في الفقه و النظام

الملخص EN

This study deals with the ruling on swearing an oath of a witness in Jurisprudence and Law, Instead of working with the principle of witness recommendation, This is due to the large number of people and the weakness of religious faith.

The researcher concluded in his study that the oath of the witness is the oath that the witness swears before performing the testimony to check on his authenticity, And that the basic principle is not to swear the Muslim witness, so the certificate of justice is accepted without an oath, However, the judge may take the witness to take an oath If he doubts his testimony or if its acceptance is necessary, And that the judge has the choice between being Attestation of witness Or take the oath for Instead of The Attestation of witness, Combine Attestation of witness and oath If the witness refuses to take the oath, he is released without penalty This is in jurisprudence, As for the law, most of the judicial legislations in the Arab countries stipulated that a witness must take the oath before giving his testimony Otherwise, his testimony was not considered And if he abstains from taking oath without legal justification, he will be punished with a fine, As for the Saudi regime, it did not stipulate that the witness should be sworn in and The rule in the courts is not to refer witnesses.

The researcher also concluded that the witness is not sworn if he denies bearing the testimony And if he swore to the validity of his testimony, he did not deny that in its acceptance And that swearing the witness does not mean accepting his testimony but, the judge is free to appreciate his testimony.

“Allah knows.