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The status of non-Muslims for giving evidence in the Islamic judicial system: past and present

Ramlee, Zulfakar (2010) The status of non-Muslims for giving evidence in the Islamic judicial system: past and present. Journal of Islamic Law Review, 6. pp. 175-185. ISSN 0973-2918

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Abstract

For imparting justice, it is an enevitable requirement for every party to bring evidence to support his case. The nature and scope of evidence to be produced in the court are very wide, and the most popular one is oral evidence to be given by a witness. Even documentary evidence, in most cases, needs the assistance of a witness to prove its genuineness. Moreover, in sophisticated types of evidence, such as forensic evidence, the role of an expert witness is very crucial. Thus, in countries like Malaysia, where the percentage of Muslims and the non-Muslims is approximately equal, the involvement of non-Muslim witnesses in the Syariah (It is the Malay version of Shari'ah) courts is inevitable and of great importance. Classical juristic views on the admissibility of testimony by non-Muslims need to be revisited. The next issue is the compellability of their attendance in the Syariah courts. The paper discussed this aspect of the Shari'ah law of evidence.

Item Type: Article (Journal)
Additional Information: 998/15732
Uncontrolled Keywords: non-Muslim, evidence, Islam, Shariah Court, law of evidence
Subjects: K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Dr. Zulfakar Ramlee
Date Deposited: 13 Jan 2012 16:07
Last Modified: 13 Jan 2012 16:08
URI: http://irep.iium.edu.my/id/eprint/15732

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