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Objective conditions for the validity of a confession in a crime in Iraqi law and a comparison with the provisions of Islamic law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 41, Volume 15, Issue: 2 part 1, September 2025, Pages 1103-1133 PDF (714.32 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.160796.1535 | ||
| Author | ||
| Ahmed Zuhair Abdul Amir* | ||
| Ministry of Education / Karbala Education / Assistant Legal Advisor | ||
| Abstract | ||
| Confession evidence is one of the oldest and most important means of proof in various legal systems. It is one of the pieces of evidence relied upon by the judicial system to prove a crime and achieve justice and equality. A confession is the accused's admission of having committed a crime. It is considered strong evidence, but in some cases, it must be supported by other evidence to ensure justice and prevent the exploitation of the judicial system. On the other hand, Islamic law considers confession one of the strongest forms of evidence of a crime, but it sets precise conditions to ensure that the confession is truthful and free from any suspicion. Sharia law requires that the confessor be an adult of sound mind, and that the confession be made of free will and without any form of coercion, in order to achieve justice and guarantee individual rights. This research was conducted descriptively and analytically using a comparative approach. This research aims to study the legal conditions for confession to a crime under Iraqi law and compare them with the conditions applicable in Islamic law. Under Iraqi law, the legal conditions for confessing to a crime are set within a strict framework to ensure its validity and reliability. The confession must be voluntary, free from any coercion or pressure, and issued by a person of full legal capacity. | ||
| Keywords | ||
| confession to a crime; legal conditions; confession conditions; effects of confession | ||
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