موقف القاضي الجزائري إزاء أداء الشاهد غير المسلم اليمين
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Date
2018-03
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Université de M'sila,univ-msila.dz
Abstract
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.
Description
Keywords
testimony, judge, oath