Volume 18, Issue 63 (Autumn 2013)                   __Judicial Law Views __2012__, 18(__59__): __22430 | Back to browse issues page

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Tavajohi A, Hoseini S H. Juridical analysis of frequent confession in offenses against public chastity. دیدگاه‌های حقوقی. 2013; 18 (63) :11-30
URL: http://jlviews.ujsas.ac.ir/article-1-297-en.html
1- shahed University , atavajjohi@yahoo.com
2- Motahari University
Abstract:   (10922 Views)

  Detection of the truth has been ever one of the important concerns of scientists in the sciences related to judicial issues. In penal problems, to detect the truth, the evidences are resorted which are referred to as proof evidences. These evidences or in other word their queen is confession. The confession as the queen of evidences has special position in Islamic judicial context. In penal law of Islam, the proving value of this evidence for proving the crime is different depending on various crimes and the same difference and attempting for detection of legislator’s opinion has been changed to the battlefield of judges among the jurists.  In this paper, we try to respect the jurists style for raising and criticizing the theories and analyze and answer this fundamental and important question “if the benchmark in Islamic penal is related to sufficiency of one time confession or number of confessions?  Upon verification of evidences and terms of jurists in all contexts, it is cleared that in some punishments, a specific number has been determined for frequency of confession, and in some other, one time confession based on rule is sufficient. Whereas the punishments are different from each other, we may not extend evidence raised for frequency of confession in a specific punishment, to the other cases.  

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Type of Study: Applicable Research | Subject: Pivate Law
Received: 2014/02/24 | Revised: 2019/02/06 | Accepted: 2014/02/24 | Published: 2014/02/24 | ePublished: 2014/02/24

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