Volume 27, Issue 97 (spring 2022)
__Judicial Law Views __2012__, 27(__59__): __22436 |
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Dadkhah A, Montazerqaem M. Oath of Woman in Qasamah. دیدگاههای حقوقی 2022; 27 (97) :17-36
URL: http://jlviews2.ujsas.ac.ir/article-1-1830-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1830-en.html
1- , dadkhah63@gmail.com
Abstract: (814 Views)
Qasamah is a certain procedure in Islamic law to assert murder and battery. Although the legitimacy of this judicial procedure is consensus, but there are the uncertainties in some aspects of this. One of these is the oath of women and validity of this. There are only short mentions of this in works of jurisprudence. Some of jurists have been accredited oath of the women, but some of those believed that gender man is necessary condition in Qasamah. Also they have separated between the plaintiff and defendant and relatives, and rejection of swear of the women have dedicated to relatives. This view is reflected in Islamic penal code (336, 337 and 338).
This study prove that, there is no valid reason based on that Qasamah is dedicated to men, and the words are belonged to men no signify to restriction and specialty. Accordingly evidence of legitimacy of Qasamah include swear of the men and women and there for there is no difference between mentioned stations
This study prove that, there is no valid reason based on that Qasamah is dedicated to men, and the words are belonged to men no signify to restriction and specialty. Accordingly evidence of legitimacy of Qasamah include swear of the men and women and there for there is no difference between mentioned stations
Type of Study: Research |
Subject:
Criminal Law
Received: 2019/12/31 | Revised: 2023/01/21 | Accepted: 2021/12/18 | Published: 2022/06/18 | ePublished: 2022/06/18
Received: 2019/12/31 | Revised: 2023/01/21 | Accepted: 2021/12/18 | Published: 2022/06/18 | ePublished: 2022/06/18
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