THE EVIDENCE SYSTEM AND THE COMPLETENESS AUTHORITY ON ISLAM INTEREST
Journal: Journal of Duzce University Institute of Social Sciences (Vol.7, No. 2)Publication Date: 2017-12-30
Authors : Suat ERDOĞAN;
Page : 132-144
Keywords : Law; Reasoning; Judge; Evidence; Discretion;
Abstract
This article deals with the procedural law, the evidence systems and the discretion of judges in Islamic reasoning law. It is prevailing that Islamic reasoning law adopts the system of legal evidence. However, there are also opinions which advocate the system of evidence freedom and entitle to appreciation for judges. This approach, which is also representative within the classical Islamic jurists, has recently been defended by some contemporary Islamic jurists. In the article, the debates around the evidence systems in Islamic reasoning law and the existence of judges' discretionary powers are evaluated accordingly.
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Last modified: 2018-01-24 18:19:35