Feasibility of Proving punishment for attributing adultery to someone through the hearsay evidence Pass (Study of the Iranian Legal System, , Shi'a and Sunni Jurisprudence)

The appearance of the legislator's speech in Article 189 of the Islamic Penal Code regarding the non-proof of punishment for attributing adultery to someone with secondary testimony (hearsay evidence) is in conflict with the basis mentioned in Article 255 of the Islamic Penal Code and has created suspicion of non-proof of punishment for attributing adultery to someone with secondary testimony. This is while the fundamental conflict between the mentioned laws and the absoluteness of Article 231 of the Code of Civil Procedure along with what is Shiite and Sunni jurisprudence, including the necessity of proving claims, preventing the closure of rulings, preferring the aspect of human rights and also, the similarity of the appearance of Article 231 with Article 153 of the former Penal Code has been precaution in a descriptive-analytical manner. The approach of jurisprudential and legal principles leads us to the effect of hearsay evidence and proving punishment for attributing adultery to someone with it along with extinguishing the prescribed punishment, which is the preferred theory of this research. Therefore, amendment of Articles 255 and 189 BC is proposed.