Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

Examining the status of "I don't know" and comparing it with other defenses from the perspective of Iranian law and Imami jurisprudence

Document Type : scientific research paper

Authors
mohamad hosein osta 1
Massoud ahmadi 2
jafar ahmadi 3
1 Judge and PhD student of Private Law, Tarbiat Modares University, Tehran, Iran, "Corresponding Autho
2 Judge and PhD student of private law at Shiraz University, Shiraz, Iran
3 Judge and Master of Private Law, Shahid University, Tehran, Iran
10.22034/law.2024.2026168.1323
Abstract
Abstract
In the Civil Procedure Act, procedural defence set forth by the defendant regarding the deed relied upon by the claimant is raised in the form of denial, doubt or claim of forgery and it is silent in relation to other possible objections raised by the defendant, including rejection of a deed relied upon, silence and the use of the phrase "I don't know" concerning the person to whom the deed is attributed. Canadian arbitrators have ordered online hearings over the opposing party’s objection. While in Imami jurisprudence, silence and rejection, as well as "I don’t know", are mentioned as responses of the defendant to the claim of the plaintiff, along with the other responses of the defendant, i.e. confession and denial. This research aims to find the answer to the question that the defendant's use of the phrase "I don’t know" against a deed that is relied upon is compatible with which of his possible answers, i.e. denial, doubt, silence or rejection of authenticity of a deed. The findings of this research, which were obtained with a descriptive analytical method and a comparative approach in Iranian law and Imami jurisprudence, indicate that the imami jurists, firstly, did not address the defendant's response in relation to the document in question; rather, they examined it concerning the claim brought against the defendant.
Secondly, they did not mention any response from the defendant under the title of doubt, and they categorized the defendant's responses as confession, silence, denial, and also what is considered to fall under denial. Meanwhile, the legislator has included the defendant's response in formal defense to consist of expressions of denial, doubt, or allegations of forgery, along with silence. In cases of denial, doubt, or allegations of forgery, the court orders an examination of the authenticity of the document. In case of silence, however, the default assumption is the validity of the submitted documents, and there is typically no evidence or reason to investigate the authenticity of the document. Almost all jurists have not included expressions of doubt among the responses of the defendant, considering the expression of denial sufficient to reject the claimant's request and viewing the response "I don't know" as a type of denial. On the other hand, Formal and substantive defenses regarding the submitted document do not align with the rule of "I don't know," and one cannot, solely based on a declaration of unawareness and lack of knowledge regarding the existence or content of the submitted document, derive any effect from it. However, if the court encounters such a situation and the defendant is present, it should clarify the perceived formal objections and guide the defendant to express their intentions clearly.
 
 
Keywords
Keywords: denial
doubt
silence
rejection
I don’t know

Subjects

Abbasi Sarmadi, M., & Moein, V. (2023). 1 - Study of the role of the judge in the administration of reason by looking at the transnational civil procedure. Political Sociology of Iran, 5(12), 1754-1768. https: //doi.org10.30510/psi.2022.294488.1976  (in Persian)
Al-Rishti, H.M.H. (2022). The Book of Judiciary. Volume 1, Qom: Dar al-Quran al-Karim Publications. (in Arabic)
Amidi, S.A. (1995 A.H.). Kanz al-Fawa'id in Resolving Problems of Principles. Volume 3, Qom: Islamic Publications Office affiliated with the Society of Teachers of Qom Seminary. (in Arabic)
Amini, A. & Ayati, S.M.R. (2018). Tahrir al-Rawdah in Explanation of the Lam'ah, Volume 1. Qom and Tehran: Book Taha and Samt Publications. (in Arabic)
Ashtiani, M.M.H. (1989). The Book of Judiciary. Tehran: Rangin Press. (in Arabic)
Bahrami Ahmadi, H. (2015). Principles of Jurisprudence. Volume 1, Tehran: Imam Sadiq University Publications. (in Persian)
Bazgir, Y. (2001). Civil Procedural Formalities in the Rulings of the Supreme Court. Tehran: Ferdowsi Publications. (in Persian)
Darvishzadeh Kakhaki, M. (2014). Stipulation and Evidence Matters in Judicial Presumptions. The Quarterly Journal of Judicial Law Views, 19(68), 181-206  https: //jlviews.ujsas.ac.ir/article_703460.html?lang=en  (in Persian)
Emami, S.H. (1996). Civil Law. Volume 6, Tehran: Islamieh Publications. (in Persian)
Hasanzadeh, M. & Ghahramani, Z. (2020). A Jurisprudential Explanation of the Principle of Prohibition of Competing Claims Against the Authenticity of Documents and Payment Claims. Journal of Islamic Jurisprudence and Law Research, 16(59), 89-113. https: //sanad.iau.ir/journal/ijrj/Article/673323?jid=673323  (in Persian)
Hashemi Shahroudi, S.M. (2006). A Jurisprudential Dictionary According to the Teachings of the Ahl al-Bayt (AS). Volume 6, Qom: Islamic Encyclopedia Institute Publications. (in Persian)
Helli, M.N. (2029 A.H.). Sharaye' al-Islam in Matters of Permissible and Forbidden, Volume 4. Qom: Ismailian Institute. (in Arabic)
Jafari Langarudi, M.J. (2009). Legal Terminology. Tehran: Ganj Danesh Publications. (in Persian)
Karimi, A., & Javadi, S. (2023). Evidence of Claim. Tehran: Mizan Publishing. (in Persian)
Katouzian, N. (2000). A Step Towards Justice. Volume 3, Tehran: University of Tehran Publications. (in Persian)
Katouzian, N. (2011). Proof and Evidence of Proof. Volume 1, Tehran: Mizan Publishing. (in Persian)
Kharaghani, A., & Qayoumzadeh, M. (2016). Legal Effects of Authenticity or Contesting a Document in Iranian Law. Scientific Journal of Research Approaches in Social Sciences, 2(6), 198-207. http://rassjournal.ir/user/articles/152 (in Persian)
Khodabakhshi, A. (2023). Jurisprudential Foundations of Civil Procedure and Their Impact on Judicial Practice. Tehran: Shareholder Publishing Company. (in Persian)
Marashi Najafi, S.S. (2001 A.H.). Al-Qawl al-Rashid in Ijtihad and Imitation. Volume 1. General Islamic Institute for Propagation and Guidance. (in Arabic)
Mirshakari, A. (2013). Analysis of the Citation to the Principle of What is Unknown Except by Its Owner in a Judicial Ruling. Judicial Procedure (Critique of Verdict), 2(2), 1-15. (in Persian)
Mohammadzadeh, B. (2018). Examining the Management of Evidence by Judges and Civil Litigants. Electronic Quarterly Journal of Legal Research, Law Yar, 1(2), 113-135. (in Persian)
Mo'in, M. (2012). Persian Dictionary. Volume 2, Tehran: Amir Kabir Publications. (in Persian)
Mokhtari, R. (2018). Effect of Type of Evidence System on Goals of Civil Procedure in Iranian Law. The Judiciarys Law Journal, 82(101), 167-186. https: //doi.org/10.22106/jlj.2018.31413 (in Persian)
Mortezaei Langarudi, S.M.H. (1994 A.H.). Al-Durr al-Nazid in Ijtihad, Precaution, and Imitation. Volume 1. Qom: Ansarian Institute. (in Arabic)
Murooj Jazayeri, S.M.J. (1995 A.H.). Hadi al-Talib in Explanation of Al-Makasib. Volume 6. Qom: Dar al-Kitab Institute. (in Arabic)
Musavi Khomeini, R. (1987). Tahrir al-Wasilah (Volume 4), Translated by Seyyed Mohammad Baqir Musavi Hamadani (2008). Qom: Dar al-Ilm Publications. (in Arabic)
Najafi, M.H. (n.d.). Jawaher al-Kalam in Explanation of Sharaye' al-Islam. Volume 40. Beirut: Dar Ihya al-Turath al-Arabi. (in Arabic)
Najjarzadegan Sarabi, Z., Sadeqi, H., & Nazemi Esheni, M. H. (2022). Searching for Evidence in Judicial Ijtihad. The Judiciarys Law Journal, 86(118), 137-161. https: //doi.org/10.22106/jlj.2021.534632.4321  (in Persian)
Sabzevari, S.A.A. (1993 A.H.). Muhaqqiq al-Ahkam in Elaborating on the Permissible and Forbidden. Volume 27, Qom: Office of Ayatollah Sabzevari. (in Arabic)
Salm Abadi, M. (2011). Judicial Guide – Judicial Inquiries from the Presence of Imam Khomeini (RA). Qom: Qaza Publications. (in Persian)
Shams, A. (2008). Civil Procedure. Volume 3, Tehran: Derak Publications. (in Persian)
Shams, A. (2020). Evidence of Claim. Tehran: Darak Publications. (in Persian)
Youssef Abai, H. (1996 A.H.). Kashf al-Rumuz in Explanation of Mukhtasar al-Nafi'. Volume 2. Qom: Islamic Publications Office affiliated with the Society of Teachers of Qom Seminary. (in Arabic)
Zeraat, A., & Haji Zadeh, H.R. (2012). Evidence of Claim. Tehran: Ghanon Moadar Publications. (in Persian)