Murderer's Criminal Liability When Confessions Contradict

According to a notable juridical opinion, where a person confesses to a murder, and then another person confesses to the same murder consequently, if the former confessor backtracks, both of them will release from bearing retaliation or paying blood money. In this case, the blood money will be paid off from the Muslim's treasury.ýElimination of this dictum from the Iranian Islāmic penal code of 1392 (SH), without posing any clear alternative suggestion, has ended up to the lack of legislation. Since recourse to the Fiqh is anticipated as a resolution in the cases where law is silent, the aforementioned juridical solution is pertinent to be reflected upon. Through juridical study and along with criticizing the legislator's approach to this topic, this paper concludes that despite of reputation of this juridical concept it is vulnerable. Though, the unnoted judgment (Fatwā) which reveals voluntary action also has some disadvantages. Therefore, the confession which is free of any inaccuracy is the one which should bear the burden of responsibility.