The Effect of Time and Place on the Conditions of Proof of Litigation from the Point of View of Jurisprudence and Law

Abstract

The most important element in quick and fair proceedings and the vindication of people's rights in the court is the proof of the lawsuit, which needs to be taken into consideration when and where it takes place. For this reason, the purpose of this article is "the effect of time and place on the conditions of proof of litigation from the point of view of jurisprudence and law", which was compiled in a descriptive-analytical method and with library-documentary tools. The findings indicate that the requirements of time and place have been addressed. Then, to some evidences to prove the lawsuit from the point of view of jurisprudence and law, including jurisprudence and legal examination, confession is one of the easiest evidences to prove the lawsuit, the main condition of which is to have reason and free will. Then, the jurisprudence and legal examination of the document was discussed, and only some jurists accepted the authenticity of the document based on verse 282 of Surah Al-Baqarah, and some agreed on its lack of authenticity. But in the civil law, the document is recognized as one of the proofs of the lawsuit. Jurisprudential and legal examination of testimony is also valid in penal and criminal cases. In the discussion of testimony, the number of witnesses and their gender are important. As a result, the proof of the lawsuit depends on its time and place.