Conflict of Testimony and Confession in Murder

Legislation of Iran according to article 231 of Islamic Punishment Act (1370) has assigned confession and testimony as evidences of proving the murder and specified the articles 232 to 237 for qualifications of confession and articles 237 and 238 for qualifications of testimony. Although in jurisprudence the issue has been studied and assigned as the witnesses give evidence that "A" has put the victim to death and at the same time "B" confesses that himself has committed the murder; it is not clear in the Islamic Criminal Law and has not attracted the legislator’s attention.The command can just have these three forms in such a case: Conflict is obviated when it is clear for the judge that both testimony and confession are false. The second form is when complicity has occurred. In this case judgment will be make according to the rules of complicity. Obviation of complicity and committing the murder by one person is the third form in witch preferring confession to testimony is the correct opinion although there are dissenting opinion.The author tries to discuss about these three forms and analyses the opposing and supporting opinions and represent, some legal solutions for this challenging issue.