العدد 08

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موقف القاضي الجزائري إزاء أداء الشاهد غير المسلم اليمين
(Université de M'sila,univ-msila.dz, 2018-03) شمام, منير
The testimony is a way of proof used by the magistrate .to discover the truth on makes them conflicting. it’s for that reason that the judge absolutely has to make cross the oath in the first one before hearing the testimony at the possible nullity, But the veal difficulty which settles to the magistrate it’s to be confront in one witness which practices another religion atheistic witness the Algerian constitution of which protects from the relious not discrimination and from the freedom to think. This does not preclude considering that the right-hand of the witness who does not believe in the existence of God has no legal value, and this is because it strips the primary objective of directing the oath, which is to push the conscience of the witness to say the truth for fear of God's punishment.