عنوان مقاله [English]
There are plenty of dissidences about the conflict of confessions’s decree. Law-giver has adopted quite a different stand to this problem in modern Islamic penal code in contrast with the former code and the jurisconsults’s dominant opinion. Because the jurisconsults’s dominant opinion is based on traditions that are encountered a serious doubts, we believe that it is difficult to admit it, too. But, in our opinion the modern law-giver’s stand can be criticized, too.
Because we don’t have access to a valid traditional evidence, in our opinion when there are conflicting confessions and we don’t have certainty about collusion among who confess we should remove retaliation and blood money on who confess and permit to avenger of blood to refer to public treasury, and if we have certainty about collusion among who confess, we should decree that avenger of blood can refer to each of them accordance with his confession.
Keywords: Confession, Conflict of confessions Murder, Paying the blood money from the public treasury