شهادت اقربا و خادم و مخدوم در فقه و حقوق ايران

THE RELATIVES AND SUBORDINATES WITNESS IN IRANI AN LAW AND JURISPRUDENCE

There is no consensus on the validity of relatives and subordinates eye witness. In the past, civil procedure law viewed these relationships as a barrier to a valid eye witness. The new civil procedure law, however, has paid a lip service to this issue refer to jurisprudenc sources as their main reference point. The best way to deal with problem is to review these resources, though even in these sources the issue is not explicitly dealt with. There are two main views; the traditional view, which rejects the relatives and subordinates eye witness and the modern view, which accepts it. The legislature have gustified their law on the basis of the modern view. There exist other approaches and views on these sources. This article is a detailed review of different approaches and views on the relatives and subordinates eye witness.