INVESTIGATION OF METHODS OF CONFIRMING MURDER FROM THE VIEW OF AYATOLLAH KHUEI

Résumé

In this paper, we have tried to express the distinction of opinion of Ayatollah Khuei in terms of ways of confirming murder. In this regard, we have both tried to both specify the most well-known ways of confirming murder in addition to sentences and effects of such counts. In this regard, Ayatollah Khuei has said: what results in retaliation is taking an equal innocent human's life intentionally. This definition not only points out the pillars of retaliation, but also points out its conditions as well. As an explanation of this expression, ayatollah Khuei says that by innocent it is meant that the life of the victim shouldn't have been taken. He further explains that in Islam, both the victim and the murderer are seen equal in terms of freedom of will. As you can see, religious, freedom and etc. are not considered as pillars of intentional murder. In this regard and with reliance on jurisprudential sources, most important ways of confirming a murder from the view of ayatollah Khuei have been investigated. These include: confession, testimony, swearing and judge's knowledge.

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