A comparative study of reference to martyrdom in criminal cases in the penal system of Islam, Iran and Afghanistan

The present article examines the reference to testimony in criminal matters from the perspective of Islamic criminal law, Iran and Afghanistan using analytical-descriptive research method and investigates the issue that reference to testimony in criminal matters from the perspective of Islamic criminal law, Iran and What are the consequences of Afghanistan for the witness and the issued sentence. The obtained results indicate that referring to the testimony before issuing the verdict causes the trial process to stop, but the witness is not responsible if she did not cause harm to another person or blasphemy. According to the opinion of most jurists, appeal after the issuance of the verdict and before its execution causes the punishment to fall, but the financial effects of the verdict remain the same. However, if the witness deliberately admits to testifying falsely or is proven false by evidence, he is sentenced to the penalty of perjury and is the guarantor of the damage caused by the verdict. According to the criminal laws of Iran and Afghanistan, appeal after the verdict and before execution is considered as one of the cases of violation of the verdict in higher authorities and resumption of proceedings. If the appeal is after the execution of the sentence, the Imami jurists and most of the Sunni jurists believe that if the witnesses were intentional, if the verdict resulted in murder, they will be responsible for retribution, and if they were not intentional, they will be responsible for paying the dowry or damages. But the Hanafi jurists believe that money is obligatory. From the concept of Article 198 It is considered that the appeal after the execution of the verdict has no effect on the issued verdict, but it causes criminal or civil liability of the witness.