Volume 26, Issue 96 (winter 2021)                   __Judicial Law Views __2012__, 26(__59__): __224226 | Back to browse issues page

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Mohammadian A, Ahadi S. Failure to enforce the number in testimony on sexual offenses "Critique of the last part of Article 200 of the Penal Code approved in 1392". دیدگاه‌های حقوقی. 2021; 26 (96) :211-226
URL: http://jlviews.ujsas.ac.ir/article-1-1910-en.html
1- GHaenat , alimohamadian18@gmail.com
2- AZARBAYJAN
Abstract:   (190 Views)
The Islamic legislature has required a number of witnesses to prove certain sexual offenses, due to considerations such as caution in the honor and private relations of individuals. The meaning of this condition is that if the number of witnesses is not complete, no crime will be proven. But the issue on which the present inquiry is based is what will happen to the witnesses if the witnesses do not reach the required amount? In response to this question, the Islamic Penal Code has followed the well-known opinion of the jurists and has stated in Article 200: "If the witnesses do not reach the required number, testimony regarding adultery or sodomy is considered qazf and causes hadd." On the other hand, the present study, after evaluating the well-known evidence, has come to the conclusion that the truth of the title "Qazf" is not possible on the action of a witness who tries to obey the Shari'a orders; Moreover, the imposition of such a penalty is incompatible with the "benevolent" nature of the witnesses; Also, considering such a reaction is not in line with the goals of Shari'a; While the chosen theory of this research, contrary to the competitor's opinion, is fully compatible with the basic rules of the discussion. Thus, the conclusion of the present article is that although, assuming the issue, no crime is proven against those against whom it is testified, the imposition of punishment on witnesses also has no justification.
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Type of Study: Research | Subject: Criminal Law
Received: 2020/07/07 | Revised: 2022/03/14 | Accepted: 2021/12/14 | Published: 2022/02/20 | ePublished: 2022/02/20

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