نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 فقه و حقوق، دانشکده الهیات، دانشگاه تهران، تهران، ایران.
2 استاد یار گروه فقه و مبانی حقوق اسلامی دانشگاه تهران
3 دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The Islamic Penal Code, in line with Imam Khomeini's fatwa, not only accepts the validity of the judge's knowledge, but considers it the most powerful way among the proofs of litigation in legal actions and events. The obvious consequence of this approach is the provability of adultery with film in Iran's judicial courts, as in many cases, adultery has been proven with film and the offender Farakhor has been punished with the type of adultery. What aroused the concern of the writers is the jurisprudential aspect of this challenge.The authors of this article have studied the possibility of proving adultery with a film, using a descriptive-critical method based on skepticism and citing the library sources of jurisprudence. Jurisprudence-intellectual analyzes show that although contrary to the popular opinion of jurists, the knowledge of Sharia law is not valid, but if the legal phenomenon has the aspect of right, not the Sharia reason, only the rational reason based on the connection between reason and Sharia can invalidate the judge's knowledge. remove Of course, provided that the document of his knowledge is clear. From this point of view, firstly, the application of the materials related to the knowledge of the judge is harmful and requires serious reforms, and secondly, considering adultery based on the film is illegal unless it has the aspect of adultery, such as forced adultery.
کلیدواژهها [English]
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