الاكاديمية للدراسات الاجتماعية و الانسانية
Volume 5, Numéro 1, Pages 79-85

الاثبات الجزائي بالقرائن القضائية بين الشريعة والقانون

الكاتب : عمور محمد طيب .

الملخص

Judicial presumptions occupy prominent rank at present time compared to all other criminal means. Mainly, because they do not refer to the objective evidence only but they also serve as a guide in themselves replacing all other evidences. The evidences in the area of criminal matters relate to concrete facts that can not be prepared in advance especially when criminals engage in obscuring reality to deceive justice. In this case the judge will have only to stick to the direct facts that the criminal may ignore. Moreover, the huge scientific advances worldwide have increased the importance of the concrete facts in ways that helped criminals benefit widely from the scientific development which makes it difficult for the judge to detect them depending on the traditional proofs. It therefore becomes necessary to use the modern methods of evidence provided by the modern proofs thanks to the recently invented science that can only be achieved through presumptions used to determine the evidence.

الكلمات المفتاحية

Criminal Proof, Judicial Presumptions, Shari'a, Law.