Abstract:

This article, using the analytical method and comparative approach to obtain examples of subsidiary oaths in the jurisprudence of the five Islamic denominations, aims to analyze oaths and their subsidiary usage in the jurisprudential statements of the Islamic denominations. The oath consists of an obligation or commitment to perform or refrain from an action based on the internal motivation of the swearer, which is accompanied by certain words, conditions, and elements. Obligation specific to the contract and even self-obligation are among the most important types of oath as proofs of the claim, which are used in a subsidiary way in the judicial jurisprudence of Islamic denominations. The criteria and quality of subsidiary usage of the oath have been organized based on different forms including the lack of ability to prove another's right, the lack of authority in crimes related to the absolute right of God, trustworthiness in the fulfillment of an oath, etc. The findings of this methodical research include obtaining the most important practical examples of oaths in the subsidiary form, which, in addition to being categorized under the chapters of vows, promises, and oaths, and in addition to the use of common and special items related to it in order to resolve disputes, is found in the judicial jurisprudence of Islamic denominations in the assumptions of acquittal and guilt, which have caused the conflict of significant views in this field. .