Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.641885
Title: The testimony of witnesses and its role in Islamic criminal jurisprudence
Author: Brahim, I. M.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1994
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Abstract:
This study is mainly intended to debate the all-important principles of criminal trials involving testimony of witnesses. Since Islamic procedural and substantive criminal doctrines are inextricably linked, it is necessary to make a general survey of the penal policy of Islamic jurisprudence, before the treatment of the testimony of witnesses. This necessitated dividing the study into two parts. Part I deals with the criminal policy, classification and definition of crimes. The category of crimes has been examined in detail because it is the class of a given crime that determines the grade and kind of testimony required for its proof before the courts. Part II tackles the general theory of evidence and concentrates primarily on the testimony of witnesses as a judicial vehicle of evidence in criminal trials. The importance of this vehicle entails treating it in eight chapters which are meant to give a comprehensive idea of how the early Islamic jurist tackled and systematized this crucial segment of the jurisprudence. This examination reveals the amount of care Islamic jurists went to in the theoretical approach in order to ensure that a defendant should not be subjected to any abuse of the law. The conclusion brings together the two parts of the study and suggests possible means for further development along the lines of the principles examined in the dissertation.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.641885  DOI: Not available
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