The philosophy of scientific proofs in criminal matters, and studying Islamic criminal law approach about them
Journal Title: International Research Journal of Applied and Basic Sciences - Year 2012, Vol 3, Issue 4
Abstract
Law as other branches of human know ledge, has been transforming and completing all the time, and there is no exception for legal procedure problems and case proof evidences. For this reason the experts in this field, have classified it in 6 distinct periods. The recent period is called scientific proof, and means using from scientific applications and technology achievement, such as, DNA test, in finding, proving and crime investigation, nowadays, it is widely used in different legal systems around the world, as well as, Islamic countries and Iran for settlement disputes. There for, it is necessary to clarify the reason and importance of using scientific proofs, and discus Islamic jurisprudence criminal law in order to get permission for using it and to prove its credibility or not credibility. First, it is important to extract and explain the role of proofs in Islamic jurisprudence. According to Islam, divine law proof is a part of act. This means that, in this group of crimes, God orders to punish one, whose committed criminal act has been proved in a pre-specific way. In other words, in such crimes evidence has relevance, so it is not possible to prove them through scientific evidences. Anyhow, it is feasible to acquit ones who were incriminated for such crimes via using scientific procedures and initiating doubt within the frame work of lapsed (dar’e) principle, paying attention to what was learnt to us about covering guilty (not revealing it publicly) and tenor of exemption rule. Mean while for administering justice and returning individual’s to own self it’s better to apply scientific methods, because these evidences for this kind of crimes require tarighat (religious law) and the judge are allowed to use from various solutions, such as scientific methods in order to administer justice.
Authors and Affiliations
Valiollah Khoshtinat| Assistant Professor and faculty member, Department of Theology and Islamic Sciences, Payame Noor University (PNU), I.R, Iran.Valiollah Khoshtinat, Email: vali_khoshtinat@yahoo.com, Mohammad Ghaffari| Faculty member, Department of Theology and Islamic Sciences, Payame Noor University (PNU), I.R, Iran., Ghadir Basirpour Beiragh| Maragheh Branch, Islamic Azad University, Maragheh, Iran.
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