The Judiciarys Law Journal

The Judiciarys Law Journal

The Authenticity and Validity of Polygraph in the Jurisprudential Assessment Scale

Document Type : Research/Original/Regular Article

Author
Associate Professor, Department of Jurisprudence and Islamic Law, Bozorgmehr University of Qaenat, Qaen, Iran.
10.22106/jlj.2026.2057960.6278
Abstract
The accelerating pace of scientific development in the contemporary world has opened new horizons of technology to humankind. In this regard, judicial systems have witnessed the introduction of innovative technologies that have brought significant transformations to the judicial proceedings. These developments, although promising and potentially helpful to the Judiciary, are also accompanied by challenges, including the fact that the religious authenticity of certain such tools, such as polygraphs or lie-detection devices, is a matter of reflection. Given the importance of the discussion, the present article, through a problem-oriented research and by adopting a descriptive-analytical approach, analyzes the validity and legitimacy of polygraphs from a jurisprudential perspective. The findings of the research indicate that polygraph technology, due to its conjectural and error-prone nature, pursuant to the primary principle of the non-authoritativeness of conjecture, is confronted with challenges and the impediment of doubt regarding the reliability of its finding; and it stands in opposition to some established juristic rules and accepted principles, such as the implication of the rule of evidence (bayyinah), the principle of preferring pardon over punishment, the presumption of innocence of the accused, and the content of the principle of dignity, and therefore lacks the capacity to prove and impose its findings upon the judicial system of the country, and ultimately may be used only as an instrumental, and not independent, method in the judicial proceedings.
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Volume 89, Issue 132
Winter 2026
Pages 309-334

  • Receive Date 15 April 2025
  • Revise Date 26 May 2025
  • Accept Date 12 June 2026
  • First Publish Date 12 June 2026
  • Publish Date 20 February 2026