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Criteria for selecting swearers in the chapter in Qsamah of Intentional murder according to Imami jurisprudence

Authors: Hasan Ghowth; Hosein Naseri Moghaddam;

Criteria for selecting swearers in the chapter in Qsamah of Intentional murder according to Imami jurisprudence

Abstract

More than 35 articles in the Islamic Penal Code are related to the subject of oath. One of the controversial issues regarding oaths is those who have to swear; In the first place, the oath is specific to the relatives of the victim and in some cases, it is rejected by the person suspected of murder. The question is, who are the swearers and what is their relationship with the victim (or killer)? Despite its importance, this issue has been less raised in the words of the jurists, while in practice, the execution of the oath depends on it. There are five possibilities and four promises in this regard: the actual heirs, the classes of inheritance (including the actual and potential heirs), the absolute relatives, the tribe and the absolute, the rijals. It is a famous saying among the jurists of the tribe and tribe of the slain. In this article, we have strengthened the promise of relatives, which is also approved by the Penal Code. Our evidence for this statement: The Qur'an is the appearance of narrations, the words of jurists, and the wisdom and philosophy of oath legislation.

Keywords

dirt, Islamic law, temperature caution, choosing an oath, KBP1-4860, murder, reasons for proof

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold