The evidentiary value of testimony on confession In criminal cases

Document Type : Research Paper

Author

Criminal Law and Criminology, Associate Professor, Qom University

10.22099/jls.2022.39094.4172

Abstract

If a party to a criminal case confesses to a matter outside the presence of a judge and the witnesses testify to the confession, the evidentiary value of such testimony may be challenged. In Islamic jurisprudence, with exception of the Hanafi , others have mainly commented on the validity of the non-judicial confession testified by the witnesses, a position that has also been accepted in most of the penal systems of Muslim countries;
Article 218 of Islamic Penal Code stipulates that confession to a judge is required only for Hodoud, but Article 119 of Code of Criminal Procedure extends this rule to absolute litigation. In the present study, with a descriptive analytical method, the jurisprudential principles of the subject have been explored and it is clear that such a condition has not been supported by strong reasons and the result of Applicability the rule of confession and Rationalist's fixed Way is the validity of the confession which is proved by the testimony of witnesses. the narrations which contain the condition of confession "in the presence of the Imam" also contain mainly defects which distort their validity. In addition, the possibility that the said condition is related to the proof of hadd in the presence of the Infallible Imam or that it can be carried on taqiyyah is not ruled out.

Keywords

References

Council of Islamic Ideology (2006), Interim Report on Hudood Ordinance 1979, Islamabad: Council of Islamic Ideology.
Mabrur, Aharis and Muhammad, Rusjdi Ali and Din, Mohd (2017), “Hudud Conception in Islamic Criminal Canon of Aceh-Indonesia and Brunei Darussalam”, Kanun: Jurnal Ilmu Hukum, Vol. 19, No. 1, pp. 19-44.
 

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