نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، عضو هیأت علمی گروه حقوق، دانشگاه پیام نور تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In Islamic jurisprudence and law, Qasamah has been stated as one of the proofs of the lawsuit in crimes such as murder, wound, and amputation. Regarding the collection of the traditions of the infallibles and also the historical background about Qasamah, the doubt and the denial of any jurist and lawyer in this jurisprudential establishment, in which Qasamah is the reason of proof, seems unnecessary. Therefore, this research aims to examine the question of why the Imams (AS), while strongly emphasizing the consolidation of Qasamah and the expressing its irregular nature and the likelihood of establishing Qasamah as a legal reason, have been restricted Qasamah to specific cases. In addition, this research studies the evidences of Qasamah documentation and analyzes the possibility of the reason for its rejection, as well as further deduction in the traditions. It should also be mentioned that the research does not study the conditions of the lawth and the number of oaths necessary for murder, wound, and amputation of the organ. The result of the research shows that Qasamah is not a reason of proof. The problems and doubts about the implementation of Qasamah have been explained in this regard. Therefore, it is suggested that the legislator carries out the necessary examinations and makes the necessary changes in the Islamic Penal Code.
کلیدواژهها [English]
