Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Validation of Taking an Oath and Qasamah in Proving Blood Money for Body Parts and Interests

Document Type : Original Article

Authors
1 PhD Student, Department of Fiqh and Fundamentals of Islamic Law, Payame Noor University, Tehran, Iran. (Corresponding Author)
2 Professor, Department of Fiqh and Fundamentals of Islamic Law, University of Tehran, Tehran, Iran.
3 Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Payame Noor University, Tehran, Iran.
10.22034/jccj.2023.377229.1154
Abstract
Taking an oath and Qasamah are two reasons to prove criminal claims. In this paper, an attempt is made to address this important question that is it possible to use taking an oath and Qasamah in proving blood money for body parts and interest? Legal texts and jurisprudential and legal foundations show that although apparently taking an oath can be used in proving financial matters like blood money, but this proof seems to emphasize only testimony; thus, providing testimony beside an oath is actually only one testimony and cannot be considered as oath. The present paper aims to validate taking an oath and Qasamah in proving blood money for body parts and interests. The method used in conducting the study is descriptive-analytical. Library data collection and comparative approach was done to investigate its jurisprudential validity. The findings indicate that, in the event of dispute between victim and criminal regarding loss of interests, it is provable with Qasamah. According to well-known comment by jurists and legal procedure, Qasamah in injury accrues blood money, not Qisas. But, with support of some jurists' comment, we can suggest that in case the crime results in amputation, one may suggest Qisas due to performing Qasamah.
Keywords

Volume 3, Issue 3
Summer 2023
Pages 83-96

  • Receive Date 22 May 2023
  • Revise Date 08 August 2023
  • Accept Date 19 August 2023
  • Publish Date 23 September 2023