Extensiveness and Limitedness of the Testimony of Discriminating Child as Evidence of Litigation (Comparative Study of Islamic Law, Iran and Some Legal Systems)

Among the most important conditions of intuition regarding the evidence of litigation is maturity; what is used in the first place is the inaccuracy of the testimony of discriminating child, which can be deduced from the first principle and the abrogation of verses and some traditions. However, there are traditions that, despite the distinction in the case, have a strong emergence in the principle of accepting the testimony of discriminating child. Moreover, some prominent jurists have accepted the testimony of discriminating child in surgery and retribution as evidence, which of course can be criticized. He has been informed and has not absolutely accepted the testimony of discriminating child in Articles 177 and 179 of the Islamic Penal Code. This difference in analysis necessitates the analysis of the problem. Hence, what appears to be a set of arguments is that, in terms of the subject matter of the case, murder is a matter about which the child has the authority to testify. But from the point of view of the issue, not every murder can accept the testimony of the children, but in a murder in which at least four conditions are integrated, the testimony of the children can be accepted as one of the proofs of the lawsuit: (1) the murder that took place between them, (2) the lack of separation of the children after the murder.(3) the existence of a Reason for diagnosis (i. e. reaching the age of ten) and (4) the testimony of a child proves the murder of an error that is only the responsibility of the wise man. Such views have been taken by well-known Sunni jurists, including in the Maliki and Hanbali religions, as evidenced by the tradition of Sakuni, which is also mentioned in our sources. Therefore, it is suggested that the selected view be adopted as a common view in accordance with the principles and documents of the sects, so that in this challenging field, we can reach a common point so that the field of legal reform can be provided in this context.