Last edited by Arajas
Tuesday, July 28, 2020 | History

4 edition of Witnesses in Islamic Law of Evidence found in the catalog.

Witnesses in Islamic Law of Evidence

by A. A. Rahman

  • 97 Want to read
  • 4 Currently reading

Published by Pelanduk Pubns Sdn Bhd .
Written in English

    Subjects:
  • Islam - History,
  • Islam - Law,
  • Religion

  • The Physical Object
    FormatPaperback
    ID Numbers
    Open LibraryOL13113857M
    ISBN 10967978679X
    ISBN 109789679786798
    OCLC/WorldCa43612154

    Evidence - Evidence - Relevance and admissibility: In civil proceedings in the common-law countries, evidence is both ascertained and simultaneously restricted by the assertions of the parties. If the allegations of one party are not disputed or contested by the other, or if the allegations are even admitted, then no proof is required. Proof would, in fact, be irrelevant.   Thus this verse gives guidance that the house can be transferred to the wife. This law has been enacted in Egypt and in some other countries as Islamic law. There is a common misconception that the evidence of a female is half that of a male. This means that in the absence of a male witness two females are required to prove a fact.

      Lekhya (documentary evidence), Sakshi (witnesses), and; Bukhthi (possession). Ancient Muslim period: In regard to the law of evidence discussed in the book “Muslim Jurisprudence” written by the sir Abdul Rahim. The Mohammendan law givers deals with evidence .   Law of Evidence has been recognized as a distinct category because it consists of elements of both substantive as well as procedural law. Module 1: General Introduction to the Law of Evidence. The Law of Evidence: An Introduction; Important Definitions under Indian Evidence Act, ; Law relating to Presumption.

    Sakshi (Witnesses) The adduction of oral evidence was an important feature of the Hindu Law of Evidence. The Dharma Sastras go into great details as to the time at which and the ways in which witnesses are to be examined and how they are to be tested. The law-givers lay down that, in disputed case, the truth shall be established by means.   Islamic law rejects forensic evidence such as DNA in favor of testimony. An interesting situation thus sometimes develops in cases where a victim alleges rape but the man denies that sex even took place. In the absence of four male witnesses, rape cannot be proven.


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Witnesses in Islamic Law of Evidence by A. A. Rahman Download PDF EPUB FB2

Islamic Law In recent times the opinions of our jurists concerning some important issues of the Islamic Law of Evidence, as mentioned in the Qur'an, have remained a hot subject of debate.

We find it appropriate to present our views on these issues so that our learned scholars can deliberate on them from another angle. To conclude, it can be stated that evidence is considered very vital in Islamic laws as far as solution of matters is concerned: Islam, on the one hand, makes it obligatory for a witness to give evidence about a matter or occurrence of an incident through description of certain facts and not through presumption, and on the other hand, makes the 5/5.

ISBN: X OCLC Number: Description: pages ; 22 cm: Contents: The basic structure of witness in Islamic and Malaysian judicial systems --Legal admissibility and requirements --The principle elements of Tazkiyat al-Shuhūd and the minimum number of witnesses --Different categories of witnesses --An analysis of the problems which have emerged as a result of.

In fact, there are ample rules in the Islamic Law of Evidence providing for the same. Reference may be made to Al-Mabsut, al-Sarakhsi, Vol, pp. x) There is no privilege to withhold from giving evidence in a Court of law when a witness is asked either by a party or the court to give evidence.

36 Messick, Brinkley, “ Evidence: From Memory to Archive,” Islamic Law and Society 9, 2 (): –70, – Paolo Sartori's work on Islamic law in Russian-ruled Central Asia presents a vision of a legal system awash with documents, although he does not discuss in detail the probative nature of written evidence.

Witness is person who comes before court and gives his evidence to prove or disprove any fact. Islamic law imposes certain qualifications for a competent witness.

Consequently, if circumstantial evidence, medical check-ups, post mortem reports, finger prints, testimony of witnesses, confession of criminals, oaths and various other methods are employed to ascertain a crime, then this would be perfectly acceptable by Islamic law.

It is to this fact that the following words of the Prophet (sws) allude to. Sources of Islamic Law. Islam and Criminal Law.

Islam and Civil Law. Islam and Constitutional Law. Islam and International Law. Islamic Law of Evidence. Sources of Islamic Law: Following are the sources of Islamic law: Quran: Quran is the first source of Islamic law that is the last revealed book of Allah on Muhammad (SAW).

Islamic injunctions, the only person whose evidence is not admissible is the one who launches a charge of adultery against chaste women and fails to produce four witnesses in support of his allegation, as ordained in verses of Surah Al Nur.

Professor Shaham’s book, “The Expert Witness in Islamic Courts: Medicine and Crafts in the Service of Law” is the first comprehensive study of expert witnessing in Islamic law written in English.

In this short book, Shaham explains the role of the expert witness and scientific evidence in both premodern Islamic courts and modern Egyptian.

Witnesses in Islamic Law of Evidence By Abdul Rahman June Pelanduk Publications ISBN: X pages, Illustrated, 5 " x 8 " $ Paper Original. This book aims to fill these gaps in our understanding of Sharia law in practice.

It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today.

Witnesses in Islamic Law of Evidence Paperback – December 1, by A. Rahman (Author) See all formats and editions Hide other formats and editions. Price New from Used from Paperback, December 1, "Please retry" — — — Paperback — The Amazon Book Review Book recommendations, author interviews, editors' picks, and more.

Author: A. Rahman. Evidence - Evidence - Sources of proof: According to Anglo-American law, the classic means of proof are witnesses, documents, and real evidence (derived from the actual inspection of objects).

As a result of historical development, the status of witness was accorded to experts and to the parties in a civil lawsuit, and even to the accused in criminal proceedings.

This results in a two different court system which makes the Islamic law applicable to certain aspects or issues of the law. Some of the Islamic law also were made into statutes; a case in point is the Akta Keterangan Mahkamah Syariah (Wilayah-Wilayah Persekutuan) [1].The civil version of this statute in Malaysia is the all famous Evidence Act [2].

The provisions of Section 33(1), that retraction of evidence by a witness after the judgment will not affect the Courts' decision is in conflict with the substantive law as enunciated in Hadood Ordinance where the Hadd falls in all cases of retraction of evidence if the remaining witnesses fall short of the required number.

Witness testimony: The testimony of four witnesses to the act itself is traditionally the requirement to prove adultery under Islamic law. Most Islamic scholars, however, recognize that adultery is voluntary while rape is coerced.

Thus, they have moved beyond requiring this evidence alone to prove sexual assault. the male’s penis into the female’s vagina. Islamic law insists that the four eye witnesses must confirm physical observation of the actual intercourse directly.

Adultery and fornication from the Islamic perspective are not personal and private prerogative; it is a. Fatma: In all Qur’an verses regarding testimony or witnessing the mention of a “one man, two women” policy is only regarding transactions. All other related verses are general and state two witnesses with no references of gender made.

Qur’an, and The prolonged verse on testimony is directed at transactions of business affairs. The Qanun-e-Shahadat prescribes procedure and methods with regard to recording of evidence of parties for the purpose of proving facts and documents.

If we carefully examine the provision of Evidence Act, and Qanun-e-Shahadat Order we find that. Islamic law defines evidence as an evident indication of the commission of an offense by a certain person.

This evidence can be either a testimony, a confession by the offender, a solemn oath taken by the plaintiff, or a testimony given by the plaintiff. The evidence required for a conviction differs from one offense to another.The Testimony of Women in Islamic Law by Dr.

Taha Jaber Al-Alwani. The only verse in the entire Qur'an to equate the testimony of two women to that of one man is the so-called verse of debt (ayat al dayn), which occurs in Qur'an This verse contains a significant amount of material that later jurists categorized variously as recommended or merely instructional (irshad) and without legal.

Law of Evidence in Pakistan Zafar Iqbal Kalanauri[i] The Qanun-e-Shahadat Order [1] is very important piece of legal document in Pakistan. It repealed the Evidence Act of