أحكام إثبات الصغير وفق نظام الإثبات السعودي دراسة مقارنة

Abstract

The research problem lies in the fragmented treatment of issues related to the legal proof of a child's status in jurisprudence and the system, so this research came to collect the provisions of proving the child, and show the choice of the Saudi regulator in it, and compare that with the schools of the respected jurists. The study adopted the methodology of induction of the texts of the system related to proving the child, then comparing them with the schools of the respected jurists. The research dealt with an introduction in defining the terms of the title (proof - the child - the system of proof), then the following issues were discussed: (minor’s admission, testimony and oath), and their systemic provisions were compared with Islamic jurisprudence. The following are the most important results. The Evidence System did not adopt the absolute school of Islamic Law, nor did it adopt the restricted school of Islamic Law, but rather adopted the mixed law following its controls. The Evidence System rules that the confession of a discerning minor who is authorized to buy and sell is valid to the extent that he is authorized to do so. This is the opinion of the Hanafis and Hanbalis. The Evidence System rules that the testimony of a person of (15) years of age was valid. As for those under that age, it was only for guidance, and this is the opinion of the majority of jurists. The Evidence System rules that the oath was valid for a discerning minor who is authorized to buy and sell in what he is authorized to do. This statement was cited as one opinion of Imam Ahmad, and was adopted by the Journal of al-‘Ahkam al-Adliyyah.

Keywords: Evidence System; minor’s provisions; Minor’s confirmation.