مدى حجية النكول عن اليمين أمام القاضي في الفقه الإسلامي

Abstract EN

This topic is about the authority of the judge in the judgment which is based on rejecting the oath of the defendant who was sworn in though the means of proof where as the swearing is considered as the clues at the extend of the need of the reject oath in a confrontation of the judge.

There are those who saw that the judge forbid the jurisdiction of judiciary while others saw the need to eliminate the villain on reject the oath or force the defendant to the alliance to resolve the dispute.

The jurisprudence did not agree on the status of immorality among the means of proof.

Some of them saw it as a confirmation and some of them saw it as evidence and some of those who saw that he was a believer and others saw it as proof of the evidence and there are those who see that is not missing because it is permissible