The Source and Legitimacy of the Presumption of Fact

Providing evidence has a significant role in the process of a trial, and following a correct legal procedure is one of the characteristics of a fair trial. Presumption of fact is considered as one of the legal procedures of proving a complaint; presumption of fact has thus found a special place among other judicial evidence due to the recent scientific progresses. Therefore, it has been approved by the lawyer based on religious reasons. The presumption of fact, which has a European root, is an indirect proof because a judge discovers unknown facts based on known ones. These presumptions of facts have had specific origins including judges’ assumptions, circumstances, habits, and conventions. There are uncountable types of presumption of facts but the most important ones are: expertise, place check, site searching, and the latest scientific proofs. however,fram an Islamic perspective this is a judge who states their validation, and presumption of fact can be used in complaints related to people’s rights. If presumption of fact directly contradicts other evidence except legal documents and confession, it can nullify other evidence.