السلطة التقديرية للقاضي في مجال الإثبات الجنائي-الإثبات بالقرائن نموذجا : دراسة فقهية مقارنة

Abstract EN

Among the peculiarities of the penal proof in Islamic law to limit and the militancy in the means, it is reflected in the incapacity to adopt the judicial system to prove the crimes to the fixed punishments by the assumptions which is surround possibilities ; because of the application of the principle push the fixed punishments.

And the examples of these indications : The assumption of pregnancy without a husband and withdraws from liana and the assumption smell of the wine in the mouth, the vomiting, and the assumption of exhibition defamation.

But the discretionary power of the judge was able of estimating the strength of suspicion, according to the proof, and the conditions and the related circumstances; until he reaches the appropriate punishment.