The Negative Because Qasamah in Law and Jurisprudence

Document Type : Research Paper

Author

Assistant Professor, Department of law, Payame noor University, Iran, PO BOX 19395-3697, Tehran, IRAN

Abstract

In Islamic jurisprudence and in the books of the Shi’ites and Sunni and, Qasamah has been listed in one of the proofs of the lawsuit in crimes such as murder, murder, 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 jurisprudent and lawyer in this jurisprudential establishment, which is the proof of reason, seems unnecessary. The purpose of this research is to examine the question of why the Imams (AS), while strongly emphasizing the consolidation of Qasamah and the expression of the nature of its offense and the likelihood of establishing Qasamah as a religious cause, considered the Qasamah as exclusive. Also, in this research, we seek to study the evidence of Qasamah documentation and analyze the reason for its rejection, as well as further deduction in the Traditions in addition; we do not consider the conditions of the sentence and the number of punishments necessary for murder, arrest and harassment. The result of the research is that Qasamah is not a reason for proving, and in this regard, in practice,

Keywords



Articles in Press, Accepted Manuscript
Available Online from 30 June 2020
  • Receive Date: 15 June 2020
  • Revise Date: 27 June 2020
  • Accept Date: 30 June 2020