CONFLICT OF TESTIMONIES TO PROVE HOMICIDE

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POURNAJAFI ABARQOUEI VAJIHA AL SADAT; QASEMI MOQADDAM HASSAN; TAVALLAEI ALI

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Journal: Islamic jurisprudence Resaerch Year:2017 | Volume:13 | Issue:2 Page(s): 265-295

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Title

CONFLICT OF TESTIMONIES TO PROVE HOMICIDE

Author(s)

POURNAJAFI ABARQOUEI VAJIHA AL SADAT | QASEMI MOQADDAM HASSAN | TAVALLAEI ALI | Issue Writer Certificate

Keywords

TESTIMONYQ1

CONFLICTQ1

HOMICIDEQ2

EVIDENCESQ2

MUTUAL NULLITYQ1

Abstract

TESTIMONY by two just men is an evidence to prove HOMICIDE. Therefore, there might be a complete or partial CONFLICT of testimonies. First, when the contents of testimonies are in CONFLICT with each other in which case the probative value of each is turned to the value of judicial circumstantial evidence. Second, when in proving the charge of murder, two legal testimonies reject the contents of each other. In fact, because such CONFLICTs are not resolved, judicial courts are challenged by their negative social consequences. It is because of the fact that in Islamic Penal Code of Iran, the ruling of each imaginable case of CONFLICT of testimonies to prove HOMICIDE or to identify the murderer has not been stipulated by legislator. Therefore, to remove this challenge thorough comparison of each case of CONFLICT with different fundamental CONFLICTs, general solutions might be provided to remove the CONFLICT between two testimonies using the rules of CONFLICT solving in the science of principles of jurisprudence. But since the judge is entrusted with the task of comparison of each solution with the different instances of CONFLICT, he may choose and finally exercise an appropriate solution according to each instance of CONFLICT in the light of the investigations of the present research which has been performed using a descriptive-analytical method of research. Therefore, the present article deals with jurisprudential, theological and legal principles of the aforesaid subjects regarding the EVIDENCES of CONFLICT of two testimonies and how it is solved.

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APA: Copy

POURNAJAFI ABARQOUEI, VAJIHA AL SADAT, QASEMI MOQADDAM, HASSAN, & TAVALLAEI, ALI. (2017). CONFLICT OF TESTIMONIES TO PROVE HOMICIDE. ISLAMIC JURISPRUDENCE RESEARCH, 13(2 ), 265-295. SID. https://sid.ir/paper/220993/en

Vancouver: Copy

POURNAJAFI ABARQOUEI VAJIHA AL SADAT, QASEMI MOQADDAM HASSAN, TAVALLAEI ALI. CONFLICT OF TESTIMONIES TO PROVE HOMICIDE. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2017;13(2 ):265-295. Available from: https://sid.ir/paper/220993/en

IEEE: Copy

VAJIHA AL SADAT POURNAJAFI ABARQOUEI, HASSAN QASEMI MOQADDAM, and ALI TAVALLAEI, “CONFLICT OF TESTIMONIES TO PROVE HOMICIDE,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 13, no. 2 , pp. 265–295, 2017, [Online]. Available: https://sid.ir/paper/220993/en

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