نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار فقه و حقوق اسلامی، گروه فقه و حقوق اسلامی، دانشکده الهیات، دانشگاه تبریز، تبریز، ایران
2 دانشجوی دکترای فقه و مبانی حقوق اسلامی دانشگاه تبریز
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In litigation, if one of the parties or one of the witnesses speaks in a language that the judge does not know or a document is presented as evidence that is in a foreign language, the translator translates it. Understanding the jurisprudential and legal nature of translation in judicial affairs has several effects on law, duties and judicial systems. Among religious jurists, there are three theories regarding the nature of translation: 1- witness is based on witness 2- It is informing 3- It is expertise. 4- Guardianship of translation. However, in this research, three other suppositions are presented and investigated. Regardless of the popularity of the first theory among Imamieh jurists, the choice of each theory and suppositions has various effects: Such as the condition of multiple translators, being a man and their justice. The Iranian legislature has also shown a dual approach in this regard over time, sometimes recognizing the conditions of testimony as valid and sometimes not. But in the last approach, it seems that the third theory is the criterion. The authors of this article, with a descriptive-analytical method based on library resources, after examining the funds and theories in authoritative religious sources, finally choose the third suppositions and theory.
کلیدواژهها [English]
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