شهادة النقل في الفقه الإسلامي و القانون الوضعي

Abstract EN

The study discusses the concept of vicarious testimony which consists of the testimony on testimony and the hearsay testimony.

It is divided into two parts: the first part deals with the concept of vicarious testimony as well as the evidence of its legitimacy and Juristic adaptation.

The second part explores the provisions related to vicarious testimony, such as the conditions of the hearsay testimony, the position of law regarding vicarious testimony, and finally a comparison between vicarious testimony in Islamic jurisprudence and law.

The study aims to clarify an issue that is badly needed by people and that is required by the judiciary, so as to safeguard the rights and properties of people against any afflictions.

This is added to facilitating things to nominated people and easing the burden on them, bearing mind that the resort to alternatives is permissible in Islamic legislation.

The research came to several results, the most important of which are the following: hearing testimony has different definitions in jurisprudence and in law in terms of its designation and conditions, and it is different from the hearsay testimony.

Besides, delegation is a prerequisite of the hearsay testimony.

Therefore, the jurists considered the mandate in testimony as a kind of delegation in the sense that it authorizes another party, hence its legitimacy in jurisprudence.

But there is no provision for it in the law.