Right not to lie by acknowledgment in the civil case -A comparative study

Section: RESEARCH
Published
Aug 4, 2025
Pages
54-91

Abstract

Oath not to lie in the recognition has a great importance as it began to protect the rights from loss. It is the oath of despair and it is to the oath of Elias, the admitters ' despair, which has no other evidence to support his claim, and in this way resorts to the conscience of its opponent and his self as it is considered a decisive image of the oath, and in this way to the conscience of his opponent and his edict. , Because if the plaintiff admitted in the case to sign the bond highlighted by the prosecutor in his claim and claimed the lie by acknowledgment in the case in this case the plaintiff turns claim in this payment and therefore the burden of proof, and can swear by the right of the right not to lie by acknowledgment. This oath may reduce the disadvantages of a directory restraint system as an indispensable necessity to secure the stability of transactions, so it is fair that this oath should give an opportunity to those who have been safe from their adversary's chieftains to judge his debt as a last resort.

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  53. A - books of jurisprudence Hanafi
  54. A - Iraqi fact sheet: -
  55. B - books of jurisprudence Shafei -
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  62. Fifth/ Theses:-
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  64. Fourth/ Legal and Public Books:
  65. Nineth / Websites on the Internet: -
  66. Second / Books Islamic jurisprudence: -
  67. Seventh / Patrols: -
  68. Sixth/ Research in scientific journals:
  69. Tenth/ Laws: -
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  71. Third / Language books and terminology:-
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