Oath taking and its role in proving crime from the view point of jurisprudence and Iranian statute law
Subject Areas : فقه و مبانی حقوق
َAhmad porghasemi
1
(Department of Fiqh (jurisprudence) and basis of Islamic law, Qom Branch, Islamic Azad University, Qom, Iran)
Esmat al-Sadat Tabatabaei Lotfi
2
(Department of Fiqh (jurisprudence) and basis of Islamic law, Qom Branch, Islamic Azad University, Qom, Iran)
Keywords: "invalidity", "murder", "Oath taking", "proofs", ", crime", ,
Abstract :
Qasāmah, i.e. Oath taking, is an approved procedure in the Islamic fiqh and law, which is applicable both to verify and nullify the crime in the case of invalidity or lack of crime proofs. The legitimacy of oath taking is based on the Islamic traditions and considering its prohibitive force in concern with concealed murders or unjustified accusation, it has been approved and established for immunity of the society and acting cautiously in regard with the lives of the people. The oath taking procedure was proposed by the jurists and it was approved in the criminal law with minor changes in 2013 and it includes issues such as the domain of usage, the quality of performing oath taking, number of oaths in voluntary and involuntary murders and in crimes other than murder, validity or invalidity of repeating oaths to achieve the threshold, repeating oath taking in case of involvement of multiple parties, the characteristics of the ones to take oath and the manner of oath taking. In the criminal law of 2013, a period of three month has been considered for oath taking by the claimant or the accused.
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