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Information Journal Paper

Title

SCIENTIFIC EVIDENCE STATUS IN PROVING CRIMINAL ACTIONS

Pages

  207-230

Abstract

 To PROVE claims, there are specific evidence in JURISPRUDENCE AND SUBSTANTIVE LAW including confession, bayyaneh (required numbers of just witnesses), oath (as a presumption to PROVE murder and injury) and the judge's knowledge, but to PROVE CRIMEs along with development and advancements in experimental sciences in various fields new empirical and scientific methods such as forensic medicine genetic identification, Chirography, forensic linguistics have come into existence and all are effective in detecting truth, the Judge become convinced in all conscience. and in taking his just decision. From Islamic jurisprudence and jurists point of view the above four evidence are deemed proof to resort to new evidence for detecting truth and proving CRIMEs but since many evidence didn't exist in the previous ages or hadn`t been known, so there has been no reasons for brainstorming jurists to discuss resorting to the above evidence, their nature and legal status among other evidence. On the contrary, nowadays, along with emerging new methods of detecting truth, reviewing legal evidence for proving CRIMEs, particularly, the judge's knowledge for generalizing the above evidence taking advantage of new evidence has turned as a must. Therefore, in this article, these new evidence whose results are to resort to judge's knowledge (in all conscience) are studied.

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    APA: Copy

    HAZRATI SHAHINDEJ, SAMAD. (2011). SCIENTIFIC EVIDENCE STATUS IN PROVING CRIMINAL ACTIONS. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, 3(7), 207-230. SID. https://sid.ir/paper/255277/en

    Vancouver: Copy

    HAZRATI SHAHINDEJ SAMAD. SCIENTIFIC EVIDENCE STATUS IN PROVING CRIMINAL ACTIONS. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW[Internet]. 2011;3(7):207-230. Available from: https://sid.ir/paper/255277/en

    IEEE: Copy

    SAMAD HAZRATI SHAHINDEJ, “SCIENTIFIC EVIDENCE STATUS IN PROVING CRIMINAL ACTIONS,” RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, vol. 3, no. 7, pp. 207–230, 2011, [Online]. Available: https://sid.ir/paper/255277/en

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