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specialty journal of politics and law
Volume 2, 2017, Issue 1
how to prove the murder in the absence of evidence in Islam compurgation
Mohsen Shahabi, Ali Maknuni, Abdullah KUchaki, Morteza. Tavoosi
Pages: 91-96

Abstract

compurgation is one of the way to prove murder which is applicable in spite of the besmirch and it is as follows if the murder happened and anyone did not confess to murder and the heir’s blood (the family of the victim) was unable to acceptable appeal to his witnesses case and vigor in case of the murder was committed by a person or group of people, as besmirch which include the suspicion of ruler to the telling truth by defendant, was available, defendant with his relatives in case of premeditated murder swear fifty oaths and in the case of quasi-intentional murder swear twenty-five oath for purely fault and to be proved his claim. Otherwise defendant runs the besmirch and exonerate. Since the requirement of principle, In the case of acquainting in realization of the besmirch subject is absent and on the other hand oath of the claimant is denial according to the rules of evidence to the contender, it is Contrary to rule. Author intends to considered the besmirch and its legitimacy to investigate the nature, Quality, installer quantity and conditions of them in this paper after presenting compurgation.





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specialty journal of politics and law
Issue 4, Volume 4, 2019