A CRITICAL ANALYSIS OF THE MEANS OF PROOF IN CIVIL LITIGATION UNDER ISLAMIC LAW
A CRITICAL ANALYSIS OF THE MEANS OF PROOF IN CIVIL LITIGATION UNDER ISLAMIC LAW
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Date
2017-11
Authors
ABDULLAHI, Yahaya Imam
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Abstract
This dissertation entitled "A Critical Analysis of the Means of Proof in Civil Litigation
under Islamic law "primarily examined the principles of Islamic Law applicable to
means of proof. In this regard, the essential means of proof have been highlighted, i.e.,
Shahadah (testimony), al-Iqrar (Confession/Admission), Qarinah (circumstantial
evidence), al-Kitabah (documentary evidence), flm al-Qadi (personal knowledge of
a judge), al-Yamin (oath), al-Qiyafah (forecast), al-Khabar (Information). The study is
predicated upon the research problem that while under Islamic law litigants are under
an obligation to furnish proof in order to succeed in the prosecutions of their cases; and
consequently, while the courts are also obliged to adjudicate on the basis of the
strength of the proof presented before them, it is imperative that the particular means of
proof recognized by Islamic law are brought to lime line and critically examined as to its
utility in the adjudication of disputes before the courts. Therefore, this dissertation
primarily examines various means of proof in civil litigation under Islamic law and their
efficacy in the administration of justice under the sharia. The dissertation adopts mainly
doctrinal method of research. It is principally observed that Islamic law makes it
mandatory on Muslims to promote the cause of justice by obliging litigants to produce
proof in support of their claims before judgment could be made in their favour and that
anyone who is in possession of any piece of evidence is obliged to furnish it in order to
uphold the cause of justice and secure the restoration of the legitimate rights of the
people. Thus, the law accords ample means and standard of proof to different
categories of matters in order that the ends of justice are attained. It is thereby
recommended that Islamic law of evidence as interpreted by different schools of thought
should be strictly adhered to by our judges in deciding disputes before the sharia courts
in Nigeria and that the Sharia implementing states, through their Ministries of Justice
and the Judiciaries, should intensify efforts in training their sharia judges in institutions
of higher learning, for the effective performance and implementation of the shariah legal
system in our states.
Description
A THESIS SUBMITTED TO THE FACULTY OF LAW,
AHMADU BELLO UNIVERSITY ZARIA IN PARTIAL FULFILLMENT OF
THE REQUREMENTS FOR THE AWARD OF LL.M MASTER IN LAWS
Keywords
CRITICAL ANALYSIS,, MEANS OF PROOF,, CIVIL LITIGATION,, UNDER ISLAMIC LAW