الرجوع عن اليمين القضائية

Abstract

The judicial oath is considered as an evidence of the proof that the foes used concerning to the decisive oath or the judge concerning to the complemented oath so as to decide the case and issue the suitable judicial judgment in the submitted case. But the foe who asks directing the decisive oath may retreat from this requirement and back again to the other proof evidences. And the judge may also want to retreat from directing the complemented oath to one of the foes for certain necessary causes. moreover ,the foe who is under oath may retreat from his oath that is done falsely because of his mind conscious , his fear of worldly and heavenly punishment , and his desire to regive the rights to their owners according to the relation of oath by psychological and religious sides of foe. So this research tackles the matter of the foe or the judge from directing the oath and also the time of this retreat whether it is possible or not and the related effects from one side.And the matter of retreating the foe who is under the oath after doing the oath and before issuing the judgment in both case rising the defence and before its rising. And it also tackles the retreat of the foe who is under the oath after doing the oath after issuing the decision in both cases ;contestation of the loser side in the issued decision against, and non-contestation the related effects of this from the other side