إدلة الإثبات الجنائى في الفقه الإسلامي: "القرائن والقسامة واليمين والكتابة"

Abstract EN

This research includes the study of all of the following: the indications, collective oath, oath, and written document as forensic evidence in Islamic jurisprudence and highlighted in the forefront that the relationship between the imposition of an offender's sentence and the evidence- required by any legal system to establish the proportion of the offence committed by the accused- is one that does not need much clarity.

If the court is not fully convinced.

There is no doubt that the accused committed the crime for which he is being tried.

Any legal system demonstrates the street's willingness to narrow or expand the range of cases in which a particular penalty can or must be imposed for criminal conduct because the rules of criminal evidence are not solely aimed at proving the perpetrator's guilt.

It also aims equally to prove the acquittal of the accused person, and the same applies to the established rules of Islamic criminal evidence.

It has been described as aimed at establishing the veracity of the allegations in their various forms with a great degree of certainty on the basis of which it is true that the criminal act was attributed to a person, or that he was acquitted of being charged.

In this study, we discuss the main methods of proof in Islamic criminal jurisprudence which are:  Evidence or proof of a fact or circumstances of the proceedings, as well as collective oath, oath, and written document that could be evidence of the accused's guilt or Acquittal.