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

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, need...

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Main Author: Ramlee, Zulfakar
Format: Article
Language:English
Published: Serials Publications 2010
Subjects:
Online Access:http://irep.iium.edu.my/15732/
http://irep.iium.edu.my/15732/
http://irep.iium.edu.my/15732/1/The_status_of_non-muslims_for_giving_evidence_in_the_Islamic_judicial_system.pdf
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recordtype eprints
spelling iium-157322012-01-13T08:08:21Z http://irep.iium.edu.my/15732/ The status of non-Muslims for giving evidence in the Islamic judicial system: past and present Ramlee, Zulfakar KBP Islamic Law 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. Serials Publications 2010 Article PeerReviewed application/pdf en http://irep.iium.edu.my/15732/1/The_status_of_non-muslims_for_giving_evidence_in_the_Islamic_judicial_system.pdf 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 http://www.serialspublications.com/contentnormal.asp?jid=393&jtype=1
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KBP Islamic Law
spellingShingle KBP Islamic Law
Ramlee, Zulfakar
The status of non-Muslims for giving evidence in the Islamic judicial system: past and present
description 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.
format Article
author Ramlee, Zulfakar
author_facet Ramlee, Zulfakar
author_sort Ramlee, Zulfakar
title The status of non-Muslims for giving evidence in the Islamic judicial system: past and present
title_short The status of non-Muslims for giving evidence in the Islamic judicial system: past and present
title_full The status of non-Muslims for giving evidence in the Islamic judicial system: past and present
title_fullStr The status of non-Muslims for giving evidence in the Islamic judicial system: past and present
title_full_unstemmed The status of non-Muslims for giving evidence in the Islamic judicial system: past and present
title_sort status of non-muslims for giving evidence in the islamic judicial system: past and present
publisher Serials Publications
publishDate 2010
url http://irep.iium.edu.my/15732/
http://irep.iium.edu.my/15732/
http://irep.iium.edu.my/15732/1/The_status_of_non-muslims_for_giving_evidence_in_the_Islamic_judicial_system.pdf
first_indexed 2023-09-18T20:24:37Z
last_indexed 2023-09-18T20:24:37Z
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