The Effect of Qassama in Proving Murders of Unknown Killers

Abstract

This study aims to investigate the effect of Qassama in proving murders of unknown killers. It is used to prove the murder of unknown killers if the victim is found in mysterious circumstances. The study deals with: the meaning of Qassama, its legitimacy, the wisdom of its legislation, its formula, and is itevidence of proof or denial? Does it require retaliation or blood money? The conditions for itsobligation, and who swears it? This is for the purpose of knowing the usefulness of Qassama in provingmurders of unknown killers. The study followed the analytical inductive approach, and the study cameout with the following: 1-God Almighty has honored man, and charged him with the responsibility of building theuniverse, and has forbidden his killing in all heavenly laws except with right. 2- Death is the fate of all creatures and nothing will remain in this universe except Allah, theAlmighty, the Creator of everything. Death is inevitable, a predetermined term, and apredestined place from which no creature can escape or flee, wherever it may be. However,death by the action of an agent is what the Sharia has forbidden and prohibited. 3-Islamic Sharia has paid great attention to human life and has guaranteed him the guarantees, controls, and rules that enable him to live with his brother in this universe in order to developit. Therefore, it has prohibited killing him except for a just cause. 4- Although crimes are generally proven by general methods of proof, murder crimes are unique among other crimes in a specific type of proof, which is the oath in murder crimes where thekiller is unknown, because the blood of an innocent human being is not wasted.5- Using Qasama as a special evidence contributes greatly to resolving murder cases that are registered against unknown persons in the records of the Public Prosecution, the Police andthe Judiciary.6- Using Qasama as a special evidence in murder cases where the killer is unknown contributes greatly to fighting crime because the perpetrator does not escape punishment. Based on these results, the study recommended the following: 1- Informing and educating society about the sanctity of human blood, and reminding them ofthe worldly and otherworldly punishments, in addition to the seriousness of this crime, askilling one person leads to killing a group. 2- Informing and educating society that whoever contributed to uncovering the killers hascontributed to the stability of society. 3- Informing and educating society that whoever contributed to extinguishing the sedition of murder is as if he contributed to reviving all people.4- The necessity of including (Qasama) in the legislation and laws of proof alongside general methods of proof, due to its importance in uncovering the killers in a way that is the easiestamong the general methods of proof.