The Effect of Conflicting Testimonies on the Fall of Qisas and Diyat from the Persons Testified Against

Abstract

Abstract: According to Islamic penal code, testimony is one of the reasons for proving a dispute, but in some cases there are several testimonies on the issue and the conflict between them, complicating the claim and also clarifying the verdict. One of the important issues in this regard is the existence of two contradictory testimonies in identifying the killer that are probable in explaining the verdict of the case, the establishment of retribution, or the Diyat, or the fall of both, but each of these possibilities has its merits. In this descriptive-analytical study, the author analyzes the aforementioned problem, and after reviewing the existing and substantiated views, it is reviewed Since there is no specific reason for the issue under investigation, the rules on conflict of testimony should be addressed, And the requirement of the above rules is that both testimony was overturned as a result of the conflict of authority in its meaning and the rejection of the third sentence, Hence, the murder of willful, retribution, and Diyat, both of whom are testified against, abolished, and the blood of a killed person from the Muslim al-Baital are paid. And accordingly, Articles 477, 482 and 484 of the Islamic Penal