Associate Professor - Member of Research Team - Research Center for Law and Islamic Jurisprudence - Academy of Islamic Sciences and Culture.
Abstract
When some of the claimants are unavailable or dont initiate a lawsuit, the murder lawsuit may be raised in several stages and the outcome of the claims can be different and the question is whether claims should be considered independently or linked together? Article 325 of the Islamic Penal Code (adopted in 1392) considered them independent. It seems that this article is acceptable only in order to make a claim by different claimants in several stages, but those claims should not be considered independently. In some cases, conflict of evidence occurs and the legal provision needs to be reformed. In other words in multiple cases with a single subject, if the evidence in the second case had a different outcome to the first one, the result will not be acceptable based on that the cases are independents and criminal proceedings have been completed. It is necessary to evaluate the evidence of two or more related cases together.
Aghababaei Beni, I. (2023). The validity of Qasamah (Compurgation by Oath) in the number of lawsuits on a single issue (Criticism of Article 325 of the Islamic Penal Code). Islamic Law, 20(79), 7-22.
MLA
Ismaeil Aghababaei Beni. "The validity of Qasamah (Compurgation by Oath) in the number of lawsuits on a single issue (Criticism of Article 325 of the Islamic Penal Code)". Islamic Law, 20, 79, 2023, 7-22.
HARVARD
Aghababaei Beni, I. (2023). 'The validity of Qasamah (Compurgation by Oath) in the number of lawsuits on a single issue (Criticism of Article 325 of the Islamic Penal Code)', Islamic Law, 20(79), pp. 7-22.
VANCOUVER
Aghababaei Beni, I. The validity of Qasamah (Compurgation by Oath) in the number of lawsuits on a single issue (Criticism of Article 325 of the Islamic Penal Code). Islamic Law, 2023; 20(79): 7-22.
