الحوار المتوسطي
Volume 7, Numéro 2, Pages 340-361
2016-12-10

الإثبات الجزائي بقرائن الأحوال وتطبيقاته القضائية في الفقه الإسلامي والتشريع الجزائري

الكاتب : عبد القادر رحال .

الملخص

Considered among the most important evidence of the evidence on which the judge, and thus occupies a distinguished rank among the means of criminal prosecution Making it independent evidence itself may sing about what else other than the evidence, and which is characterized by indirect evidence that resorted to the judge by way of deduction and inference from the fact of the case, And have to resort to it when necessary blurs the perpetrator of the murder intent to mislead, then the judge looking for evidence of conditions that have a link to the crime, helping to search for the truth, and the issuance of the penal judgment And often clues in what is by inference, the so-called judicial . Balgarinh, has been adopted by scholars of Islamic law in Oqdathm was the right thing at issue is the legality of the work under the conditions they have set.,

الكلمات المفتاحية

Criminal Evidence. Presumption Judicial. Penal judgment. Islamic law.