نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق دانشگاه آیتالله بروجردی
2 دانشجوی کارشناسی ارشد فقه و حقوق اسلامی دانشگاه آیتالله بروجردی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In Islamic law, confession is among evidence to prove a claim considered as based on the principle of ‘’ confession by the sane about himself is allowed’’. Even, it can be said confession has a higher demonstrability as compared to other ones in such a way that it is included among the most assured evidence to prove claims. In Islamic criminal jurisprudence, to prove many crimes, the repetition of confession is the necessary condition. However, there are discrepancies regarding the number of demonstrative confession about some crimes such as declaring war on God, apostasy and discretionary punishment. Accordingly, the question arising here is whether in questionable cases, a single confession cans considered based or the repetition of confession matters?
The article 172 of Islamic penal code based the single confession whenever no clear wording exists. Through evidence assessment, this study tries to show that in disputed cases, crimes related to the Rights of God are out of the generalities and prediction of confession evidence and the repetition of confession are needed to prove them. But in proving the crimes considered as the Rights of People, the predictions and generalities of confession evidence should be considered and single confession should be enough to prove them because of theRational principles no errors, no reluctantly and no caution, Cases in which lawyer precisely commanded the repetition of confession are excluded.
کلیدواژهها [English]
