The Evolution of Oath as Evidence in Islamic Jurisprudence and Iranian Positive Law with Emphasis on Criminal Procedure

Abstract

Oath, as one of the means of proof in litigation, occupies a distinctive position in Islamic jurisprudence and the Iranian legal system. Nevertheless, its role and function have undergone fundamental transformations over time, particularly in the field of criminal procedure. In the legal system prior to the Islamic Revolution, oath was primarily invoked in civil disputes and had no significant evidentiary role in criminal matters. However, following the Islamic Revolution, and especially with the enactment of the Islamic Penal Code and the Criminal Procedure Code of 2013, oath was recognized by the legislator in a limited and conditional manner within certain areas of criminal law. Employing a descriptive–analytical method and drawing upon jurisprudential and legal sources, this study examines the jurisprudential foundations of oath, its historical development and transformations in Iranian law, and its role in judicial procedure. The findings indicate that although the jurisprudential foundations of oath have remained relatively stable, significant developments have emerged in Iranian positive law—particularly in criminal law—regarding its evidentiary value, scope of application, and procedural formalities. These developments reflect the legislator’s effort to establish a balance between Islamic legal principles, the requirements of fair trial standards, and the necessities of a modern legal system.