Abstract:

In the Islamic Law, the proof of the right is considered as proof by all means and means that reflect the incident. Proofs are sometimes in a layer quality that will ensure the accurate detection of the criminal, and sometimes in a weak and suspicious quality that can be considered the cause of the accusation. The Islamic Criminal Law has no understanding of judging that a person is clearly guilty with a weak proof of murder. The fact that the crime is not clear is the main objective. In Islamic law there is no sufficient evidence to investigate the crime in murder cases, and only in cases where weak evidence exists, the application of "casama" has been legalized, and with this application mostly financial penalties have been granted. The condition of the case and the weak evidence that may be the cause of the accusation is called "levs". However, there was a dispute between the faces which would be considered as "levs". When it comes to the issue from the current law, it has been seen that some of the facts considered as "levs" in Islamic law are the reasons for the beginning of the prosecution and in the process of judgment they have been significantly recognised from these evidence.