Examining confessions from the point of view of jurisprudence and law
Journal Title: International Journal of Research in Social Sciences - Year 2017, Vol 7, Issue 10
Abstract
Legislators of the holy religion of Islam have established a principle called "the confession of the rational" to protect the people's rights and to regulate affairs as far as judicial hearings are concerned including legal and criminal hearings as well as to realize a rightful judgment. One of the essential precepts in Islam includes a case in which a person makes a confession to his own detriment. Nonetheless, the confession becomes binding and the person is committed to what he has acknowledged.Accordingly, confession means a person admits to the fixed right bestowed on him by another person. Therefore it is not considered as a confession when somebody acknowledges a right to the future, rather it's called an empty promise. Although it is a moral obligation to fulfill a pledge but legally speaking it's not imperative to keep a promise. The reason why you could trust the validity of a confession lies within the popular divinely saying: ''It is allowed for wise people to confess to themselves''. In addition to that, the impression you receive from the Holy Qur'an could be considered as a reason why a confession becomes trustworthy. The verse says ''... O' ye who believe! Firmly establish justice and act as witnesses to God although it may lead to your loss.'' Now the concordance of this principle to the wise men's procedures and methods could be considered as another reason why a confession becomes reasonable.It appears that the principle was not fully investigated to become understandable. And the principle's resources and documents as well as its concept, reasons, instances and its applications have not so far been made clear in the field of criminal law. An effort has been made in this article to simultaneously investigate the principle in the context of jurisprudence and law and to analyze and explain what was explained.
Authors and Affiliations
Hedayat Hosseinzadeh And Dr. Seyed Hassan Hosseini
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