Territory and Conditions Exercising of the Rule of Dar' in “Hodoud” & “Qesaas”

The Rule of  Dar' is in the direction of the presumption of innocence; base which, until the realization of the actus reus and mens rea of the crime is unproven or that each of these pillars is doubtful, the presumption is the innocence of the perpetrator. The question of this article is the domain of the Rule of Dar' which is the matter for the Islamic Jurists. And the conclusion is that, considering the application of the article 120 of the Islamic Penal Code (1392), the Rule of  Dar' applies to crimes requiring the punishment of "Had", "Ta'zir" and "Qesaas"; and the exception of this general principle is the execution of Qassamah in implementation of the article 314 of the Islamic Penal Code. The misgiving by which the punishment is abolished means whether Ignorance, Hallucination, Doubt and Suspicion. Doubts about the realization of each elements of actus Reus of the crime, provided that there are the other essential conditions, is the realm of the Rule of Dar'. The reason that eliminates the misgiving in Article 120 of the Islamic Penal Code is a cause which is more solid rather than the misgiving.