- اصغری ، علاء الدین ، (1383 ) ، اعتبار شهادت در حقوق کیفری ایران ، پایان نامه دانشگاه آزاد اسلامی واحد خرم آباد .
- خزائی ، سید علی ، (1387 ) ، نگرش نو بر تعارض سند با شهادت در حقوق ایران با مطالعه تطبیقی در فقه امامیه ، پایان نامه دکتری دانشگاه تهران.
Abstract During the social life people may experience some conflicts on their benefits and sometimes for keeping their rights. As a result, they need to act for their Adjudication and for proof of claim. From a long time ago, one of the most important factors of Adjudication and establishing justice has been judge’s qualification and knowledge in the general sense of the word. However, in spite of this essential factor, there are some other essential and effective factors which are recognized as the evidence for proof of claim that are based on the civil Law act number of 1258 as following: 1- confession, 2- written documentation, 3- witness, 4- Emarat, 5- oath. Witness as one of the old and also most important tools and evidence for proof of claim which in the view of the lawyers is declaration and information in which certainty and certitude are considered as conditions. Witness sometimes means witness tolerance, that means being a witness that is attesting. To be positively valuable in claims, witness must have necessary properties, which characteristics of witness before maturity age, wisdom, justice, belief, legitimate children, and being innocent from accusation. Moreover, which must be upon certainty and certitude, correspondent with claim and the statements of different witnesses must be in agreeing with each other in concept; however, they may differ in form of statement. Unlike the Islamic laws (Emamie Jurisprudence), in civil rights of Iran, in the act 424 of code of civil procedure, recognizing the degree of positively value of the witness and its impact on claim proofing is has been Assigned to the judge, Whereas, in the Islamic laws (Emamie Jurisprudence), the judge must verdict based on the witness of witnesses. In contrast to civil rights of Iran, the positively value of the witnesses in the Islamic laws (Emamie Jurisprudence) has unlimited value by using certain number of witnesses in all juridical claims. In Emamie Jurisprudence, if the witnesses refuse their witness before or after verdict, all of them are responsible in some aspects and their responsibility is different in each case. However, in the Iranian civil rights, there is no detailed mention to this quality. The final and major aim of this dissertation was to investigate the positively value of witness of witnesses for claim proofing in the view of the Islamic laws and the Iranian civil rights. Keywords: Witness, Witnesses, Jurisprudence, Civil Rights
