Reappraising the Theory of Imposing Condition for Numerous Confessions in Proving Adultery
Journal Title: فقه و اصول - Year 2008, Vol 40, Issue 81
Abstract
Adultery is proved only through numerous and frequent confessions (four times) and confession to less than that would not invoke legal punishment (ḥadd). This view is widely accepted by the Imāmī jurists. Among them, however, is Ibn ‘Aqīl ‘Ammānī who stands against the widely accepted view and believes that such crimes are provable by means of a single confession. By reappraising this issue and analyzing and evaluating the evidences of both views, the writer takes on a third theory. In brief, the writer believes that a single confession would suffice for proving the adultery provided that it meets all the conditions of effectiveness. Only the adultery leading to stoning (rajm), in terms of the narrations existing in this regard, requires four independent confessions in order to be proved. Besides enjoying a specific reason, the bulk of this theory is consistent with the generalities of the evidences like the overall rule "the confession of the wise on themselves is admissible", and the latter instance corresponds more with the "principle of precaution in bloodshed".
Authors and Affiliations
MuḥAmmad MuḥSin DihkalāNī, AmāNullāH AlīMurāDī
Keywords
Related Articles
- EP ID EP182206
- DOI 10.22067/fiqh.v0i0.3139
- Views 123
- Downloads 0
The Status of Ethical Parity of the Married Couple in Formation of Family in Jurisprudence and Statutory Law
One of the fundamental secrets of durability of the true religion of Islam is the moral-ness of its doctrines. Jurisprudence or Islamic law, which gives direction to the behavior of the compos mentis and their life skill...
Study of the Precondition for the Contemporaneity of the Attitude of the Intellectual with the Era of the Infallibles (Study of the Ways to Generalize the Authenticity of the Attitude of the Intellectual to the Newly-Appeared Attitudes)
The famous theory concerning the meaning and interpretation of text is called "intentionalism" which says: “The meaning or interpretation of a work is related to the intention of the creator of the work or is delimited a...
A Research into the Legal and Judicial Principles of the Executed Person Coming Back to Life
Article 438 of the Islamic penal law considers as renewable the sentence of the executed person coming back to life in case of qiṣāṣ (retaliated punishment) due to observance of the resemblance (mumāthilat) condition and...
Reappraisal of the Nature and Evidences of Waging War (Muḥāriba) in Crimes against Public Order
In Islamic penal law, most of the crimes against national and social security are gathered under the title muḥāriba (waging war); whereas, in jurisprudence, there is disagreement about the nature and criteria of muḥāriba...
Explanation of the theory of “the obligation of breastfeeding by mother and the necessity of paying its related costs by father” from the perspective of Islamic jurisprudence
According to the prevailing view in the Islamic jurisprudence since breastfeeding is not mother's duty, she is entitled to demand wage from her husband for breastfeeding her child. In this article, the authors intend to...