EFFECT OF INCOMPLETE CONFESSION IN CRIMINAL AFFAIRS, FROM TA'ZIR (PUNISHMENT) TO PURGATION

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ARZHANG ARDAVAN; HAMIDI MOHAMMAD REZA

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Journal: PAZHOUHESH NAME HOGHOUGH E KEYFARI Year:2016 | Volume:7 | Issue:1 (13) Page(s): 0-0

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Information Journal Paper

Title

EFFECT OF INCOMPLETE CONFESSION IN CRIMINAL AFFAIRS, FROM TA'ZIR (PUNISHMENT) TO PURGATION

Author(s)

ARZHANG ARDAVAN | HAMIDI MOHAMMAD REZA | Issue Writer Certificate

Keywords

INCOMPLETE CONFESSIONQ1

DOON- AL- ARBA’ CONFESSIONQ1

DA’REQ1

INNOCENCE PRINCIPLEQ2

TA’ZIR (PUNISHMENT)Q2

PURGATIONQ2

MOTIVATIONQ2

Abstract

In some crimes, confession from delinquent is not adequate to prove the crime despite authenticity and precision in the content. Such confession is known as INCOMPLETE CONFESSION. The famous Paradigm consider this confession as Ta’zire (punishment) due to three reasons containing: prohibition of sin confession, gaining limited knowledge of taboos and spread of prostitution. The same approach is confirmed by Islamic Criminal Law. There exist another point of view which rejects this kind of confession by inspiring (by referring to) three important factors containing: narrations, INNOCENCE PRINCIPLE and DA’RE principle. The other point of view gives the authority to the governor so that the governor would be able to apply the punishment whenever criminal MOTIVATION of the confessor is determined to him. But in other cases of INCOMPLETE CONFESSION, the governor does not consider Ta’zir permissible whether the confessor intends to purge or his MOTIVATION is not clear to the governor. By inspecting the points of views and their reasons, the governor’s point of view by consideration of the confessor’s MOTIVATION is considered to be the most comprehensive beyond all the theories. Thus, it gained a considerable potential.The Islamic Criminal Law needs to be inspected and revised around this issue.

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APA: Copy

ARZHANG, ARDAVAN, & HAMIDI, MOHAMMAD REZA. (2016). EFFECT OF INCOMPLETE CONFESSION IN CRIMINAL AFFAIRS, FROM TA'ZIR (PUNISHMENT) TO PURGATION. PAZHOUHESH NAME HOGHOUGH E KEYFARI, 7(1 (13)), 0-0. SID. https://sid.ir/paper/359052/en

Vancouver: Copy

ARZHANG ARDAVAN, HAMIDI MOHAMMAD REZA. EFFECT OF INCOMPLETE CONFESSION IN CRIMINAL AFFAIRS, FROM TA'ZIR (PUNISHMENT) TO PURGATION. PAZHOUHESH NAME HOGHOUGH E KEYFARI[Internet]. 2016;7(1 (13)):0-0. Available from: https://sid.ir/paper/359052/en

IEEE: Copy

ARDAVAN ARZHANG, and MOHAMMAD REZA HAMIDI, “EFFECT OF INCOMPLETE CONFESSION IN CRIMINAL AFFAIRS, FROM TA'ZIR (PUNISHMENT) TO PURGATION,” PAZHOUHESH NAME HOGHOUGH E KEYFARI, vol. 7, no. 1 (13), pp. 0–0, 2016, [Online]. Available: https://sid.ir/paper/359052/en

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