What is the judge's position regarding one who denies what he confessed to during the investigation?
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Question:
Some perpetrators of crimes admit to them during the investigation with the police, then they resort to denial before the judge. So what is the judge's position, and is this denial considered? Or what does he do?
Answer:
This issue involves a distinction: If the confession relates to the rights of creation, they have no right to retract it, even if they claim that they confessed for such and such a reason. The one to whom they confessed is asked whether they coerced them by beating? Did they do to them what would make them coerced? Otherwise, their claim is baseless, and they have no right to retract a theft, a crime, or matters relating to the rights of creation.
As for the confession relating to the hudud and the right of Allah (Mighty and Majestic) , the matter is not hidden from everyone. Retracting a confession relating to the right of Allah (Mighty and Majestic) , the majority is that it is accepted on the basis of averting the hudud by doubts. The second opinion is well known among the people of knowledge.
The point is: If it does not relate to the rights of creation, his retraction is not accepted if he confessed to it before the police or in any place, and his confession is established before the judge, or if he admitted that he had confessed to it, he is held to the confession unless something is established before the judge that invalidates it, such as coercion.
Some perpetrators of crimes admit to them during the investigation with the police, then they resort to denial before the judge. So what is the judge's position, and is this denial considered? Or what does he do?
Answer:
This issue involves a distinction: If the confession relates to the rights of creation, they have no right to retract it, even if they claim that they confessed for such and such a reason. The one to whom they confessed is asked whether they coerced them by beating? Did they do to them what would make them coerced? Otherwise, their claim is baseless, and they have no right to retract a theft, a crime, or matters relating to the rights of creation.
As for the confession relating to the hudud and the right of Allah (Mighty and Majestic) , the matter is not hidden from everyone. Retracting a confession relating to the right of Allah (Mighty and Majestic) , the majority is that it is accepted on the basis of averting the hudud by doubts. The second opinion is well known among the people of knowledge.
The point is: If it does not relate to the rights of creation, his retraction is not accepted if he confessed to it before the police or in any place, and his confession is established before the judge, or if he admitted that he had confessed to it, he is held to the confession unless something is established before the judge that invalidates it, such as coercion.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
