A Jurisprudential and Legal Study of Confession in Cyberspace
The Holy Legislator of Islam has established the concept of confession in order to protect the rights of individuals and to regulate affairs in judicial trials, including legal and criminal, and to administer a fair trial. One of the essential rules of Islam is that when a person confesses his harm to he did so, and his confession is valid, and he will be responsible for what he confesses. Accordingly, confession is to et someone know that someone else has a fixed right to it. A reason to believe in the veracity of confession is the famous prophetic hadith in the sense that; " The wise people are allowed to admit themselves”. In addition to the poems, there are sentences from the verses of the Holy Quran, “... they should be people who are in installments as martyrs of God, even if it is upon themselves ...”The conformity of this rule with the manners and methods of the wise is another reason for its authenticity. One of the important issues of confession is testifying in cyberspace. Confession sometimes occurs in court and sometimes outside the court. Undoubtedly, the confession in court, which is called judicial confession, has a special validity. Is confession acceptable in cyberspace? According to the opinions of the jurists and practice of the wise, the evidence for the authenticity of the confession must be in person and with the Imam (ruler). Considering absoluteness of evidence, the confession can be in absentia and out of court, and the condition of in the presence of Imam is based on the concept of title and example does not contradict. Therefore, it can be said that confession in cyberspace, which is not in person, is valid if it is definitely attributed to the object of confession.
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