The Rule of Legislation of Oath and its Effectiveness in the Present Age

Farid Najafnia ¹ (Ph.D. student of the Department of Theology and Islamic sciences, Yadegare Imam branch, Islamic Azad University, The city of Ray, Iran.)
Mohammadreza Shirazi ² (Assistant Professor, Department of jurisprudence and Principals of Islamic Law, Yadegar-e- Imam Khomeini (RAH) Shahre Rey Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author).)
Abbas Samavati ³ (Assistant Professor, Department of jurisprudence and Principals of Islamic Law , Yadegar-e- Imam Khomeini (RAH) Shahre Rey Branch, Islamic Azad University, Tehran, Iran)

Submited date : 2021-10-05 accepted date : 2022-01-12

Keywords: oath, Legislation, Criminal evidence, Evidence of claim,

Abstract :

Nowadays, due to the advancement of technology and scientific and practical skills of criminologists, the detection of crime and criminals has been facilitated. The implementation of oath for proving guilt or innocence is criticized by jurists but has been accepted from the perspective of the religion of Islam because of the importance it attaches to the lives of human beings and the security of Islamic society. The results of the present study indicate that despite the arguments presented by the proponents and opponents of the use of oath in the current era, in Iran, new arguments to replace oath have not yet found their proper importance and position, and therefore, new and alternative arguments are not included in the Islamic Penal Code for an independent reason; Rather, in the form of specialized expertise and as a judicial evidence, it can ultimately provide the judge with knowledge about the correctness and validity of the subject matter, and the judicial courts still resort to swearing in cases of presumption. The author uses a descriptive-analytical method to identify the rules of oath legislation and also its efficiency or inefficiency despite the new arguments in the present era.