نوع مقاله : علمی-پژوهشی
نویسندگان
1 دانشگاه سمنان
2 استادیار دانشگاه تبریز
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In some cases, one of the witnesses of adultery may be the husband of the adulterous wife. Most jurisprudents believe that the husband’s testimony upon his wife is acceptable and proves the Hadd (Sharia punishment) of adultery. On this basis, most of the well-known jurisprudents consider the husband‘s testimony upon his wife acceptable unless he has defamed his wife by adultery accusations before the testimony. Some others distinguish between penetrative and non-penetrative intercourses and believe that husband’s testimony is justified only in the second case. On the contrary, some other jurisprudents consider husband’s testimony upon his wife unacceptable and believe that it does not prove the Hadd (Sharia punishment) of adultery. The findings of the research show that the recent statement has strong and credible bases and, in general, seems justified. In addition, the punishment law, although is explicit in this issue, the application of Article 177 can be regarded as a confirmation of the statement.
کلیدواژهها [English]