كليدواژه :
قسامه , حقوق اسلامي , قسامه اثبات , مذهب , حقوق , qasamah , قسامه منفي , qasamah of negation. lamb , سوگند , oath , مدعاعليه , defendant , منكر , calimant , مدعي , denier , فقه , qasamah of affirmation , لوث
چكيده لاتين :
Qasamah is one of the ways of proving murder or any injury and hurt on the body which can he implemented in the case of lawth (suspicion). That is, if a murder take place and nobody undertake it and the blood - wit claimed a person or a group of people for murder but failed to prove it with evidence and there occurred suspicion, then the claimant alongwith his relatives can take filty oaths in the case of intentional murder and twenty live oaths in the case of non - intentional murder or error and in this way can prove their claim. Since the requirement of the principle in the case of suspicion in the realization of the subject of qasamah. is absent and on the other hand the oath of the claimant according to the rule is evidence to the claimant and oath to the denier. it is against the rule. Therefore the author of this article tries to define qasamah and lawth and their legitimacies, then proccedes to study their natures, qualities, quantities, quorums and conditions.
