The large number of Islamic traditions about testimony and the lack of wide usage of formal document at the time of legislation due to the general illiteracy of the people at that time led to the fallacy that testimony has priority over formal document in Islamic legal system. The output of this fallacy can be seen within the various theories of Guardian Council and the jurisprudential consultation assembly of the Council that implicitly approved the priority of testimony over document through nullification of some of the articles of civil code and the Document and Real Estate Registration Law.
The major reason for rejecting the authenticity of a formal document is the basis for devotional and legal making for the validity of a formal document. Accordingly, only those ways and instruments can be regarded as evidences in substantiation of claim that are considered valid and authentic by the clear verbal text of the legislator. Therefore, the way of finding the truth based on external evidences cannot be regarded as the basis for its validity. Those who hold this view believe that no legal text has been adduced on the authenticity of the document and finding truth based on external evidences cannot be considered as the basis for the validity of the document unless it is relied upon a legal clear text.
The present article aims to prove that, given that devotional and legal making is the basis for the validity of the evidences in substantiation of claim, not only the legal making of the validity of document has occurred within the verse 282 of the Sura al-Baqara, but also the emphases and exaggerations made in this verse indicate the supremacy of document over other evidences in substantiation of claim.