The examination of condition of legitimacy of birth in witness

In order to adapt some laws to Imamiyyeh jurisprudence, Article 1313 of the civil code was amended in 1981 and 1990, and the condition of legitimacy of birth has been added to conditions of witness. Regarding this feature in the witness, different views have been presented in Islamic law. For instance, some believe that legitimacy has been considered as a necessary condition and in contrast some Islamic writers, have not seen the legitimacy as a necessary condition. Due to the fact that there are questions and ambiguities about the reasons and documentations of each points raised in this regard and essentially the relation between this condition and the issue of witness, each of these points of view, their reasons and their roots can be considered and analyzed. By examining the subject can reach the conclusion that, according to the documentations, legitimacy of birth is not necessary in witness.