Document Type : Research Paper
Authors
1 Phd student in ancient Iran history at university of Isfahan invited teacher in history and archaeology department at Jiroft univrsity
2 member of faculty, department of history and Iranian studies, faculty or literature and humanities, university of Isfahan, Isfahan, Iran
3 department of history and Iranian studies, faculty of literature and humanities, university of Isfahan, Isfahan, Iran
Abstract
divine test refers to a kind of ritual verification was used in ancient civilizations like Iran, Mesopotamia, Egypt and Cاina. before Aryans arrival this ceremony was prevalent in ancient Elam under the influence of Mesopotamian courts. the oldest signs of the ceremony has been shown in Avestan texts. using library tools and historical analysis methods through a functionalist approach the author's goal is to conduct an analytical study of the role of divine test ceremony in proving claims against women in Sasanian judicial procedure. the main question is what divine tests were available in Sassanian jurisprudential texts for the evidence of a crime and what function did they have in Sassanian society? the functional study of legal jurisprudential texts showed that criminal offenses in the Sassanid era were divided into three general categories: crrimes against God, the King and others. women legal status had been improved. enjoying property and social rights women had the right to sue and testify in courts alone and own their own dowry. if a woman was accused of adultery and disobedience by her husband and she did not confess, the Judge would rule that woman was innocent. and also in this era women were exempt from divine verification ceremony.
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