Hamyar Jahed Specialized Cultural Publications and In collaboration with the Iranian Scientific Society of Criminology

The testimony of the son of adultery in Imamiyya jurisprudence and Iranian statutory law

Document Type : Original Article

Authors

1 PhD student, Department of Jurisprudence, Payam Noor University, Yazd Branch, Yazd,

2 Faculty member of the Jurisprudence Department, Payam Noor University of Iran, Tehran

Abstract
Background and Objective: One of the attributes that the famous Imamiyya jurists and consequently the Iranian legislators consider necessary for a witness is lawful birth. Although this view is based on numerous narrational reasons, by referring to reliable Islamic sources and the opinions of Islamic writers, it is understood that this theory is not the only view in Islamic law and that jurists and jurists have also expressed other views.

Method: The present study was conducted using a descriptive-analytical method and using library resources.

Findings: It seeks to answer the question of what is the status of the testimony of a child of fornication in Imami jurisprudence and Iranian statutory law. It also seeks to identify objectives such as a comparative study of the testimony of a child of fornication in Imami jurisprudence and Iranian statutory law, and to examine the views of jurists and researchers on the testimony of a child of fornication. In the end, it has been concluded that the famous Imami jurists and, consequently, the Iranian civil law, make the condition of being lawful and therefore do not accept the testimony of a child of fornication, which is mostly influenced by the existing narrations in this field and the narrations condemning the child of fornication, whose implication is undermined given that there is no logical connection between the witness's being fornicated and his lying.

Conclusion: However, some contemporary jurists do not consider it a condition and believe in accepting the testimony of a just child of fornication in all civil and criminal matters.

Keywords



Articles in Press, Accepted Manuscript
Available Online from 10 November 2026

  • Receive Date 22 September 2025
  • Accept Date 10 November 2026