Corroboration under the Evidence Act 1950 and Islamic law: a comparative appraisal

As a general rule under the Malaysian Evidence Act 1950, which encapsulates the English common law, and unlike the situation in some civil law countries and Islamic law, evidences does not need to be supported to found a conviction on to prove a civil claim. However, at common law and under the Evid...

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Main Author:	Shair Mohamad, Mohd Akram
Format:	Article
Language:	English
Published:	Serials Publications 2010
Subjects:	K Law (General) KBP Islamic Law KPG Malaysia
Online Access:	http://irep.iium.edu.my/15299/ http://irep.iium.edu.my/15299/ http://irep.iium.edu.my/15299/1/Corroboration_under_the_evidence_act_1950.pdf

id	iium-15299
recordtype	eprints
spelling	iium-152992012-01-13T00:59:57Z http://irep.iium.edu.my/15299/ Corroboration under the Evidence Act 1950 and Islamic law: a comparative appraisal Shair Mohamad, Mohd Akram K Law (General) KBP Islamic Law KPG Malaysia As a general rule under the Malaysian Evidence Act 1950, which encapsulates the English common law, and unlike the situation in some civil law countries and Islamic law, evidences does not need to be supported to found a conviction on to prove a civil claim. However, at common law and under the Evidence Act 1950, a small number of situations heve developed in which actual corroboration is necessary, especially in criminal matters, while in others there is a mandatory requirement that a trial judge must warn himdelf of the dangersof convicting in its absence. Further, there is a controversy as to whether a previous statement under section 157 constitutes true corroboration. In Malaysia, the highest court has ruled it is, following similar sentiments in India and Brunei which hae similar legislations, while Singapore has taken a different approach by saying that the previous statement of a witness cannot constitute corroboration, as its value is only to show the witness consistency with his conduct of making the complaint. The article adresses partinent issues pertaining to corroboration from the common law, the Evidence Act and Islamic law viewpoints. Serials Publications 2010 Article PeerReviewed application/pdf en http://irep.iium.edu.my/15299/1/Corroboration_under_the_evidence_act_1950.pdf Shair Mohamad, Mohd Akram (2010) Corroboration under the Evidence Act 1950 and Islamic law: a comparative appraisal. Journal of Islamic Law Review, 6. pp. 1-37. 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	K Law (General) KBP Islamic Law KPG Malaysia
spellingShingle	K Law (General) KBP Islamic Law KPG Malaysia Shair Mohamad, Mohd Akram Corroboration under the Evidence Act 1950 and Islamic law: a comparative appraisal
description	As a general rule under the Malaysian Evidence Act 1950, which encapsulates the English common law, and unlike the situation in some civil law countries and Islamic law, evidences does not need to be supported to found a conviction on to prove a civil claim. However, at common law and under the Evidence Act 1950, a small number of situations heve developed in which actual corroboration is necessary, especially in criminal matters, while in others there is a mandatory requirement that a trial judge must warn himdelf of the dangersof convicting in its absence. Further, there is a controversy as to whether a previous statement under section 157 constitutes true corroboration. In Malaysia, the highest court has ruled it is, following similar sentiments in India and Brunei which hae similar legislations, while Singapore has taken a different approach by saying that the previous statement of a witness cannot constitute corroboration, as its value is only to show the witness consistency with his conduct of making the complaint. The article adresses partinent issues pertaining to corroboration from the common law, the Evidence Act and Islamic law viewpoints.
format	Article
author	Shair Mohamad, Mohd Akram
author_facet	Shair Mohamad, Mohd Akram
author_sort	Shair Mohamad, Mohd Akram
title	Corroboration under the Evidence Act 1950 and Islamic law: a comparative appraisal
title_short	Corroboration under the Evidence Act 1950 and Islamic law: a comparative appraisal
title_full	Corroboration under the Evidence Act 1950 and Islamic law: a comparative appraisal
title_fullStr	Corroboration under the Evidence Act 1950 and Islamic law: a comparative appraisal
title_full_unstemmed	Corroboration under the Evidence Act 1950 and Islamic law: a comparative appraisal
title_sort	corroboration under the evidence act 1950 and islamic law: a comparative appraisal
publisher	Serials Publications
publishDate	2010
url	http://irep.iium.edu.my/15299/ http://irep.iium.edu.my/15299/ http://irep.iium.edu.my/15299/1/Corroboration_under_the_evidence_act_1950.pdf
first_indexed	2023-09-18T20:24:20Z
last_indexed	2023-09-18T20:24:20Z
_version_	1777408316215918592

Corroboration under the Evidence Act 1950 and Islamic law: a comparative appraisal

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