Foundations, Formation Process, and Developments of Oath in Islamic Jurisprudence and Legal Procedure

Abstract

In Islam, oath holds a significant and special position. Numerous oaths and vows have been cited in Quranic verses. In Iranian statutory law, oath as a means of proof has experienced different statuses throughout the history of Iran’s legislation before and after the Islamic Revolution, undergoing numerous transformations. Some of these transformations pertain to the probative value of the oath as evidence in proving crimes, while more significant developments have occurred in the realm of evidence for proving criminal offenses in general. Consequently, a historical review of the laws prior to the Islamic Revolution of Iran indicates that the use of oaths as evidence in criminal matters had no precedent. In other words, although the Civil Code enumerated the means of proof in a limited manner before the Islamic Revolution, dedicating eleven articles to the oath as one of the means of proof, its application in criminal matters was absent. The research method in the present article is descriptive and analytical. The primary question is: what are the foundations, formation process, and developments of the oath in Islamic jurisprudence and legal procedure? It appears that the oath in Islamic jurisprudence has remained unchanged; however, this term has undergone multiple transformations in Iranian statutory law, particularly in the field of criminal law. Although the oath in civil law and in the chapter on evidence remains consistent with the pre-revolution law, certain transformations in criminal law relate to the probative value of the oath as evidence for proving crimes, with more significant changes occurring in the realm of evidence for proving criminal offenses. The foundation of the oath in jurisprudence is derived from divine approval, while its formation in Iranian law is rooted in Islamic jurisprudence and moral conscience. The aim of this article is to identify the causes and methods of oath-taking in Islamic jurisprudence and Iranian law from past to present.