نوع مقاله : مقاله پژوهشی
1 استاد گروه حقوق کیفری و جرم شناسی، دانشکده حقوق، دانشگاه قم، قم، ایران
2 دانشجوی دکتری حقوق کیفری و جرم شناسی، موسسه علوم انسانی، جامعه المصطفی العالمیه، قم، ایران (نویسنده مسئول)
عنوان مقاله [English]
Qasameh is a controversial jurisprudential institution in which many doubts have been made with the focus on common sense. This article intends to doubt with a jurisprudential view in this institution. In the Imamiyya sources regarding the Qasameh, its legislation has led to deterrence in some murders for which there is no evidence. First of all, First of all, the question is raised whether these explaining the cause of giving in the narration are an expression of the full reason or incomplete and a kind of expression of wisdom?. Secondly, if the cause is perfect, has the cause been realized? In explaining the reason, there is a debate as to whether the purpose of legislation; is it mere deterrence, or is crime detection important? Total detection in murder, which is never achieved, but deterrence can be achieved through the new science of crime detection. If this deterrence could have been created by the new Science of Criminalistics, this serious debate and doubt could have arisen in the place of oath-taking legislation at the present time. If we still believe in the legislation of oath, we will at least achieve a redefinition of oaths and the formation of loth in the current situation. This article addresses these issues.