The realm of crimes subject to the evidentiary aspect of the obviation Rule (Darʼ)In Law of Islamic countries with regard to jurisprudential doctrine

The rule of Darʼ has two aspects: real and evidentiary. This article tries to study the crimes that are influenced by the evidentiary dimension of the rule in the jurisprudence of Islamic schools and the law of Muslim countries in a comparative and descriptive-analytical method. The results indicate that the rule in all schools waives the crimes subject to Diyat and includes the Hodoud, and excluding the Qazf from this inclusion, which is seen in some Jurisprudential opinions, has not been accepted by the legal systems of Muslim countries. In the two categories of crimes punishable by Retribution and ta'zir, there are differences in the Jurisprudential opinions and views of the legal systems. In Fiqh and the legal system of Sunni countries, the rule includes retribution, not ta'zir. In Imami jurisprudence, there is disagreement about the inclusion of the rule in these two categories of crimes. Despite the Generality of Article 120 of the Islamic Penal Code, in our country, it should be said that the rule is also valid in ta'zir, but it does not include retribution.