Confessions under Malaysian and Islamic law: A comparative evaluation

A valid confession is the most valuable and reliable evidence in the possession of the prosecution. This is especially where the available circumstantial evidence is not cogent and compelling in such a way as to link the accused to with the commission of the crime. Consequently, the law enforceme...

Full description

Bibliographic Details
Main Author:	Shair Mohamad, Mohd Akram
Format:	Article
Language:	English
Published:	INSI Publications 2012
Subjects:	KBP Islamic Law KPG Malaysia
Online Access:	http://irep.iium.edu.my/28842/ http://irep.iium.edu.my/28842/ http://irep.iium.edu.my/28842/1/Confessions_under_Malaysian_and_Islamic_Law_A_Comparative_Evaluation.pdf

id	iium-28842
recordtype	eprints
spelling	iium-288422013-02-13T03:07:45Z http://irep.iium.edu.my/28842/ Confessions under Malaysian and Islamic law: A comparative evaluation Shair Mohamad, Mohd Akram KBP Islamic Law KPG Malaysia A valid confession is the most valuable and reliable evidence in the possession of the prosecution. This is especially where the available circumstantial evidence is not cogent and compelling in such a way as to link the accused to with the commission of the crime. Consequently, the law enforcement agents usually try to get a confession of the accused to prove their cases. Many methods are thus used to retrieve such evidence including but not limited to coercion. However, what amounts to confessions is not that an easy task. The court plays an important such in the admissibility of confessions. Based on this, the makes a comparative evaluation of confessions under the Malaysian and Islamic law perspectives. It uses many case laws, verses of the Qur’an and Sunnah of the Prophet (s.a.w.) and opinions of scholars to make the legal evaluation. It finds that though both systems have different approaches to confessions, the hallmark of admissibility of confessions in the two systems is its voluntariness. INSI Publications 2012 Article PeerReviewed application/pdf en http://irep.iium.edu.my/28842/1/Confessions_under_Malaysian_and_Islamic_Law_A_Comparative_Evaluation.pdf Shair Mohamad, Mohd Akram (2012) Confessions under Malaysian and Islamic law: A comparative evaluation. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 22-48. ISSN 1991-8178 http://www.ajbasweb.com/ajbas/2012/Special%20oct/22-48.pdf
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 KPG Malaysia
spellingShingle	KBP Islamic Law KPG Malaysia Shair Mohamad, Mohd Akram Confessions under Malaysian and Islamic law: A comparative evaluation
description	A valid confession is the most valuable and reliable evidence in the possession of the prosecution. This is especially where the available circumstantial evidence is not cogent and compelling in such a way as to link the accused to with the commission of the crime. Consequently, the law enforcement agents usually try to get a confession of the accused to prove their cases. Many methods are thus used to retrieve such evidence including but not limited to coercion. However, what amounts to confessions is not that an easy task. The court plays an important such in the admissibility of confessions. Based on this, the makes a comparative evaluation of confessions under the Malaysian and Islamic law perspectives. It uses many case laws, verses of the Qur’an and Sunnah of the Prophet (s.a.w.) and opinions of scholars to make the legal evaluation. It finds that though both systems have different approaches to confessions, the hallmark of admissibility of confessions in the two systems is its voluntariness.
format	Article
author	Shair Mohamad, Mohd Akram
author_facet	Shair Mohamad, Mohd Akram
author_sort	Shair Mohamad, Mohd Akram
title	Confessions under Malaysian and Islamic law: A comparative evaluation
title_short	Confessions under Malaysian and Islamic law: A comparative evaluation
title_full	Confessions under Malaysian and Islamic law: A comparative evaluation
title_fullStr	Confessions under Malaysian and Islamic law: A comparative evaluation
title_full_unstemmed	Confessions under Malaysian and Islamic law: A comparative evaluation
title_sort	confessions under malaysian and islamic law: a comparative evaluation
publisher	INSI Publications
publishDate	2012
url	http://irep.iium.edu.my/28842/ http://irep.iium.edu.my/28842/ http://irep.iium.edu.my/28842/1/Confessions_under_Malaysian_and_Islamic_Law_A_Comparative_Evaluation.pdf
first_indexed	2023-09-18T20:42:22Z
last_indexed	2023-09-18T20:42:22Z
_version_	1777409450443800576

Confessions under Malaysian and Islamic law: A comparative evaluation

Similar Items