Failure to enforce the number in testimony on sexual offenses "Critique of the last part of Article 200 of the Penal Code approved in 1392"

Despite the fact that martyrdom in jurisprudence is a clear example of the Shari'a and in the law of the subject is considered as evidence to prove the claim; However, according to considerations such as caution in diseases and ailments, the wise shari'ah has considered it necessary to have a special quorum of witnesses in proving some sexual crimes (four male witnesses). The implication of this condition is that a crime is not proven in the case of non-fulfillment of the number, and as a result, no limit will be applied. However, the problem that has led to the organization of the present study is that what will be the task of the witnesses if the limit is not proved due to the lack of quorum? In response to this question, the QMA followed the famous opinion of the Imami jurists and stated in Article 200: “If the witnesses do not reach the required number, the testimony regarding adultery or sodomy is considered as Qazf and causes That's the limit.