The jurisprudential and legal nature of translation in judicial affairs

Articles in Press

Document Type : Original Article

Authors

1 Assistant Prof. of Islamic Jurisprudence and Law, Department of Islamic Jurisprudence and Law, faculty of Theology, university of Tabriz, Tabriz, Iran

2 Ph.D student in Jurisprudence and Principles of Islamic Law, Tabriz university

10.22034/ils.2024.18290.1112

Abstract

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.

Keywords

Main Subjects

Islamic Law Studies

Articles in Press, Accepted Manuscript
Available Online from 13 February 2025

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