نوع مقاله : مقاله پژوهشی
نویسندگان
1 کارشناس ارشد فقه و حقوق اسلامی دانشگاه یزد
2 استادیار دانشگاه یزد
3 دانشیار دانشگاه یزد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the judicial evidences in proving homicide is testimony by two just men. Therefore, conflict of testimonies with each other is posibale in two ways of totally or partially. First, when the testimonies are in conflict with each other in which case the probative value of each is turned to judicial statistic value. Second, on the charge of murder, two religious testimony to negate the contents of each other. Because of social evil of the lack of resolve these conflict, so judicial courts are challenged in this regard. In order to overcome such challenge, the conflict between two judicial evidences are remoed by rules of conflict solutions in principle of Islamic jurisorudence. So it can be provided general solutions to determine whom is the murderer. So judge can, choose appropriate solution and eventually apply. Therefore, in this article issues in the case of conflict between two testimonies and how to solve them; from viewpoints of jurisprudence, principle of Islamic jurisorudence and juridical has been done.
کلیدواژهها [English]
