Essay: The Islamic Criminal Process

10 Oct

Essay: The Islamic Criminal Process

Sample Essay

The Islamic criminal process only allows evidence only regarded as heavily reliable (Stowasser,1987, p. 69). There are three types of evidence the system recognize as of high degree of reliability. First is the testimony given by the eyewitnesses. This is regarded to be reliable since the Quran insist on those giving it to be truthful meaning that any chances of lying by witnesses are no there basing on religion (Forte,1999, P. 26) . Second are the oaths, which are believed to have supernatural repercussions incase one attempt to doctor them. Finally are the confessions, which are voluntarily made by the accused, and are believed to be reliable since one cannot accept a crime that they have not committed (31).

Another interesting section of the Islamic criminal law is the burden of proof. Commonly referred to as “Al-Bayyinah”. In Islamic law, the procedure is regarded as golden as it is firmly rooted in the prophetic world of Muhammad called “hadith” (Abdal-Haqq, 2006, p. 41)). This concept dictates that the responsibility to proof something is left to the plaintiff only and thus oath administration is to be done to the defendant only. This implies that the responsibly to provide proof in Islamic criminal law does not change only but in a few cases (42).

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