نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Testimony is considered one of the most important means of evidence, particularly in criminal cases, across various legal systems. In certain circumstances, children may witness the commission of a crime. Within Sunni and Shi’a jurisprudential traditions, there exists a divergence of opinion regarding the admissibility of children’s testimony in criminal matters. Some jurists, relying on both transmitted (naqli) and rational (ʿaqli) arguments, categorically reject the evidentiary value of children's testimony. Others accept such testimony under specific conditions — for example, in cases of injury or homicide, testimony from children above the age of ten, or testimony concerning offenses committed among children themselves, provided that certain additional conditions are fulfilled.Through a descriptive-analytical examination of both supporting and opposing views, it appears that the position rejecting the admissibility of children's testimony is more substantiated, both in light of relevant Qur’anic verses and hadiths, as well as rational considerations. This article also examines the approach of various Islamic countries' legal systems, particularly their criminal procedure codes and penal laws, and classifies them into two main categories: the first comprises systems that only accept the testimony of legally competent (i.e., adult) individuals; the second includes those that distinguish between discernment (tamīz) and non-discernment among minors and accept the testimony of discerning children under certain conditions.It is noteworthy that many of these legal systems have not adequately incorporated foundational jurisprudential sources in drafting their legal provisions concerning children's testimony. Based on Islamic jurisprudential principles and supporting arguments, the approach taken by those legal systems that exclude children's testimony as admissible evidence in criminal proceedings appears to be more legally sound. The Iranian legislator, following the fatwa of Imam Khomeini, does not generally recognize children's testimony as valid in the Islamic Penal Code. However, the Code provides that if an individual possessed discernment (tamīz) at the time of the event and offers testimony after reaching legal maturity (bulūgh), such testimony is admissible
کلیدواژهها English
