The Effects Disposed By Retracting Witness on Crimes of Confines and Punishment

This thesis consists of an introduction, preface and five chapters. In the introduction I displayed the significance of the subject, the reason why the researcher chose it and about his technique. In the preface I demonstrated the concept of effect, retraction, witness, the evidence in language as well as in Fiqh. In the first chapter in this thesis I talked about retracting witness, its meaning, and proof according to the jurists . In addition to that I displayed the considered origin of evidence according to the jurists and what rules that were taken and it showed the return in opinion part from evidence. In the second chapter in this thesis I explained the time of returning and how jurists divided it into several kinds and talked about the effects that were arranged before and after the judgment and before accuser has been executed as well as after rule and execution. In the third chapter in this study I threw light on what arranged for return from effect and return to rule about falling the witness or prevent it from being rule or cancel it. In the fourth chapter I talked about what arranged for retracting witness, guarantee and the reason as well as conditions of the guarantee of the witnesses and its quantity. This thesis manifested primary and secondary witnesses and threw light upon distribution of guarantee, explained when financial guarantee has been on the returned witnesses and how we can gather between Punishment and financial guarantee. In the fifth chapter I introduced how to include the witnesses and their punishment and the effects which were introduced by the return back in opinion in evidence of seduce with its two types and with other restrictions, in addition this study talked and showed the effects of return in punishment as well as crimes . It was demonstrated spurious its meaning, its disadvantages and jurists' opinions to the accept of spurious evidence punishment. Finally, this thesis showed blame punishments' types that spurious witness may be punished with.