Analyzing the feasibility of implementing Oath according to the requirements of the time in contrast with the new evidence to prove the crime

 In today’s context, due to the evolving methods of responding to criminal phenomena, there may be instances where the execution of certain legal judgments is temporarily halted by Islamic authorities in order to prioritize higher interests or prevent more significant harms. The Islamic ruler, equipped with two essential institutions—the “secondary ruling” and the “governmental ruling”—can temporarily suspend some judgments or modify their execution methods. Within this framework, the element of “temporal context” grants flexibility to the evidences used for proving crimes, aligning with the realization of dynamic and contemporary jurisprudence. This very aspect underscores the importance and necessity of conducting research that considers temporal context in the application of explicit crime proof evidences.

 The present research employs a descriptive-analytical and documentary methodology. It involves defining the subject matter, consulting legal scholars’ opinions, and analyzing legal principles to arrive at conclusions.

 The research findings indicate that in Islamic legal rulings, including penal judgments, the concept of “temporal context” encompasses the genuine and rational needs of human society in each era, significantly influencing all aspects of legal rulings, especially penal laws and criminal policy. Consequently, the utilitarian approach in Islamic criminal law, particularly the utilization of modern evidences for proving crimes while adhering to temporal requirements, serves as a necessary and opportune perspective. On the other hand, replacing such an approach with traditional legal oaths presents its own challenges.